HomeMy WebLinkAboutOrdinance 4556ORDINANCE NO. 4556
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-33.00 AS SUBMITTED BY
JAMES MCCORD ON BEHALF OF DUNNERSTOCK
DEVELOPMENT, INC. FOR PROPERTY LOCATED ON RUPPLE
ROAD NORTH OF WEDINGTON DRIVE FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE
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-A, Residential Agricultural to RSF-4, Residential Single -
Family, 4 Units Per Acre as shown 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 20°i day of April, 2004.
'FAYETTEVILLE;
ATTEST: 'Owd;;,VGTON � 1F
By:
ONDRA SMITH, City Clerk
By:
DAN COODY,
Doc ID: 007275480002 Tv
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EXHIBIT "A"
RZN 03-33,00
A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST
QUARTER (NE '/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16)
NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID 40 ACRE TRACT; THENCE S00°25' 14"E ALONG THE EAST LINE OF SAID
40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING IN RUPPLE ROAD AND FROM WHICH A %2" IRON REBAR
REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD
BEARS N89058'50"W 22.68 FEET; THENCE S00°25' 14"E 607.93 FEET TO A POINT
IN RUPPLE ROAD FROM WHICH A '/2" IRON REBAR REFERENCE IRON SET ON
THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS S89011'3119W 25.77
FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND
RUNNING ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET %2"
IRON REBAR; THENCE S00°25' 14"E 257.72 FEET TO A SET %2" IRON REBAR;
THENCE N89059100"W 39.39 FEET TO A SET '/2" IRON REBAR; THENCE
S00050'387'W 123.76 FEET ALONG AN EXISTING FENCE TO A SET '/2" IRON
REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89°59'00"W
503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET
TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS
SUBDIVISION; THENCE N00°06'36"W 994.45 FEET ALONG THE EAST LINE OF
SAID SUBDIVISION TO A SET %2" IRON REBAR; THENCE LEAVING THE EAST
LINE OF SAID SUBDIVISION S89058150"E 890.58 FEET TO THE POINT OF
BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING
SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD ALONG THE ENTIRE
EAST BOUNDARY.
0
Washington County, AR
I certify this instrument was filed on
05/21/2004 08:18:27 AM
and recorded in Real Estate
File Number 2004-00019884
Bette Stamps - Circuit Clerk
by
0
NAME OF FILE: Ordinance No. 4556
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1
03/18/04
memo to mayor & city council
2
draft ordinance
3
03/01/04
memo to Planning Commission
4
copy of §161.07
5
copy of Close Up View
6
copy of One Mile View
7
copy of Future Land Use
8
03/24/04
Staff Review Form
9
04/23/04
memo to Dawn Warrick
10
05/04/04
AfdaPublication (published with errors)
11
05/06/04
Affidavit of Publication (republished)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
•
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: March 18, 2004
Subject: Rezoning request for Dunnerstock (RZN 03-33.00)
C >e.D
City Councilteeting of April 06, 2004 y/w/1/i,
Agenda Item Number Z%551e
JU3�330
C4
it,JklapMa oCl
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 17.19 acres
of property from R-A, Residential Agricultural to RSF-4, Residential Single-family, 4
units per acre.
BACKGROUND
The subject property is 17.19 acres and located west of Rupple Road and north of
Wedington Drive. It is adjacent to the city limits along its western boundary where it
abuts the Willow Springs subdivision. The north, east, and south boundaries are not
contiguous to the City limits. Although the tract of land will result in the creation of a
peninsula, it is currently located within an island of County property and identified by the
General Plan 2020 to be desirable for annexation into the City. Connectivity and off -site
improvements will be evaluated at the time of development.
Proposal: The applicant proposes to rezone the 17.19 acre tract in anticipation of the
development of a single family residential subdivision. The requested zoning will
provide for additional residential development at a maximum density of 4 units per acre.
DISCUSSION
The proposal to annex was tabled by the Planning Commission on November 24,,2003,
pending results from the wastewater capacity analysis. A report from a system -wide
wastewater study has been submitted and adequate capacity has been identified to serve
this area for existing and proposed development. On March 8, 2004, the Planning
Commission voted 9-0-0 to forward this item to the City Council with a recommendation
for approval with an accompanying annexation request.
BUDGETIMPACT
None.
4e d1a 471
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 03-33.00 AS SUBMITTED BY JAMES MCCORD ON BEHALF
OF DUNNERSTOCK DEVELOPMENT, INC FOR PROPERTY LOCATED ON
RUPPLE ROAD NORTH OF WEDINGTON DRIVE FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS
PER ACRE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the'fMowing described
property is hereby changed as follows
From R-A, Residential Agriculturalto RSF=4, Residential Single -Family, 4
Units Per Acre as shown 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.
i
PASSED AND APPROVED this / day of , 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST: �
By,
Sondra Smith, City'Clerk
y
EXHIBIT "A"
RZN 03-33.00
A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST QUARTER
(NE '/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE
THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE
TRACT; THENCE S00°25' 14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT
331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE
ROAD AND FROM WHICH A ''/z" IRON REBAR REFERENCE IRON SET ON THE
WEST RIGHT OF WAY LINE OF SAID ROAD BEARSAS8901113131W 25.77 FEET;
THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING
ALONG AN EXISTING FENCE S89011131"W 350:00`FEET TO A,SET ''/z" IRON
REBAR; THENCE S00°25' 14"E 257.72 FEET TO;A SET %z" IRON REBAR; THENCE
N89059'00"W 39.39 FEET TO A SET %" IRON-REBAR; THENCE S00°50'38� W 123.76
FEET ALONG AN EXISTING FENCE TOP SET %" IRON REBAR ON THE/SOUTH
LINE OF SAID 40 ACRE TRACT; THENCE N89°59'007W 503.85 FEET ALONG THE
SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT
THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE
N00006'3631W 994.45 FEET ALONG THE EAST LINE OF. SAID SUBDIVISION TO A
SET %:" IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION
S89058'50"E 890.58 FEET TO THE POINT OFBEGINNING, CONTAINING 17.19
ACRES, MORE OR LESS, WASHINGTON/COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF
RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY.
i
I
n
L�
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of March 08, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: March 1. 2004
RZN 03-33.00: Rezoning (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord
on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen
for property located on Rupple Road, 0.5 miles north of Wedington Drive. The request is to
rezone the property RSF-4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
Date: March 04, 2004
CITY COUNCIL ACTION:
Date: Anri1.06.2004
Required YES
O Approved O Denied
Required YES
O Approved O Denied
BACKGROUND: Please reference the associated ANX 03-06.00 staff report for additional
background information.
Property description: The subject property is 17.19 acres of vacant property located west of
Rupple Road (a Minor Arterial) and north of Wedington Drive (a Principal Arterial). Rupple
Road does not meet City street standards at this location. Single family residences are located to
all cardinal directions from this property. The property is adjacent to the city limits along its
western boundary where it abuts the Willow Springs subdivision from which connectivity will be
provided to the west with the extension of Patrick Street, a local street on the Master Street Plan.
A request for annexation and rezoning of this property was heard by the Planning Commission
on November 24, 2003. At this time the Planning Commission tabled the request pending the
completion and staff review of a system -wide wastewater capacity study for Fayetteville. A
report from a system -wide wastewater study has been submitted and adequate capacity has been
identified to serve this area for existing and proposed development (see attached).
Proposal: The applicant would like to develop a single family residential subdivision.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 dwelling units per acre, should the preceding Annexation
request be approved.
When property is annexed into the City, it is annexed as R-A, Residential Agricultural. If annexation
request ANX 03-05.00 is recommended for approval to City Council, the applicant would like to
rezone the 17.19 acres to RSF-4, Residential Single -Family, 4 units per acre.
Recommendation: Staff recommends approval of the rezoning request based on the information
provided from the wastewater capacity study and the findings included in the staff report.
Future development on this site will be regulated by the City to ensure adequate services,
infrastructure, connectivity and consistent development within the surrounding area.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Single-family
Planning Area
South
Single-family
Planning Area
East
Single-family
Planning Area
West
Single-family (Willow Springs
Subdivision
RT-12, Residential Two and Three-family
INFRASTRUCTURE:
Streets: Rupple Road, which is where the development will be accessed from the east, is a
paved roadway with no curb and gutter or storm drainage. Street improvements
will be recommended to widen Rupple Rd. to current City standards along the
project frontage. A traffic signal is currently proposed by the City for the
intersection of Rupple Road and Wedington Dr. AHTD has approved the
installation of the signal, and plans are currently underway to install the signal.
Surrounding Master Street Plan Streets:
North: Mount Comfort Rd. (Minor Arterial); approximately 0.6 miles
South: Wedington Dr. (Principal Arterial); approximately 0.3 miles
East: Patrick St. (Local)
West: Rupple Rd. (Minor Arterial)
Water: The property currently has access to a 6" water line along Rupple Road and an 8"
water line at Patrick Street. An extension of the water main will be required to
provide water supply within any development on this property and creating a loop
between Patrick and Rupple.
Sewer: The site currently has access to 8" sewer mains in the adjacent subdivisions.
Sewer will need to be extended within the development.
Fire: The subject property is located 0.7 miles from the future Fire Station #7. Normal
driving time is 1 min. 2 seconds.
Police: It is the opinion of the Fayetteville Police Department that this annexation and
rezoning will not substantially alter the population density and thereby
undesirably increase the load on police services or create and appreciable increase
in traffic danger and congestion in the area.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
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 proposed zoning for a Single Family residential subdivision is
compatible with the adjacent land use to the west. The proposed density of
four units per acre is less than the property to the west zoned RT-12, Two
and Three-family, at 12 units per acre. Adjacent property to the north,
south, and east are within the Planning Area utilized for single family
residential and agricultural uses. The general plan designates this area for
residential uses, which is compatible with the proposed RSF-4 zoning.
Access and provision of adequate services must be considered as this site is at
the outskirts of the city and located on streets which need improvement.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. A higher
density than the R-A zoning district allows for development of a subdivision
with density appropriate in this area, and would provide compatibility with
the adjoining development. In order to develop a residential subdivision on
this property in a manner that is consistent with the future land use plan, a
residential zoning district is needed.
r�
u
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on Rupple Road,
Wedington Drive, extension of Patrick Street and other streets in the area
Off -site improvements would likely be necessary in order to provide safe
access to this site.
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 zoning would increase population density. The 17.19 acre
tract under an R-A, Residential Agricultural designation would allow for a
maximum of 8 dwelling units (1 per 2 acres). With the proposed RSF-4
designation, 68 dwelling units would be permitted. This increases the
possible number of residential units substantially, but is consistent with land
use and zoning in the immediate vicinity.
Engineering - Rupple Road, which is where the development will be accessed from to the east,
is a paved roadway with no curb and gutter or storm drainage. Street
improvements will be recommended to widen Rupple to current City standards
along the project frontage. A traffic signal is currently proposed by the City for
the intersection of Rupple Road and Wedington. AHTD has approved the
installation of the signal, and the plans are currently underway to install the signal.
The property currently has access to a 6" water line along Rupple Road and an 8"
water line at Patrick Street. An extension of the water main will be required to
provide water supply within any development on this property and creating a loop
between Patrick and Rupple.
The site currently has access to 8" sewer mains in the adjacent subdivisions.
Sewer will need to be extended within the development.
Fire - The subject property is located 0.7 miles from the future Fire Station #7. Normal
driving time is 1 min. 2 seconds.
Po/ice - It is the opinion of the Fayetteville Police Department that this annexation and
rezoning will not substantially alter the population density and thereby
undesirably increase the load on police services or create and appreciable increase
in traffic danger and congestion in the area.
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
161.07 District RSF4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RS174 Residential District is
designed to permit and encourage the 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 1 Cle uses by right
Unit 8 1 Single-family dwelling
(2) Conditional uses.
Unit 2
Ci -wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications
facilities
(C) Density.
Single-family
dwellings
Two-family
dwellinels
11 Unitsperacre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,060 sq. ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft.
-
(E) Setback requirements.
Front
Side
Rear
26 ft.
8 ft.
20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, § 160.031;Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8 31-99)
NA\ � I :l I � IM ILI A ► I AL I ►I II :i•
RZN03-33.00 RAN KI N/ RAN KI N/ BOWEN
One Mile View
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Overview Legend
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.
L I City Limits
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_
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i Planned
40 i Collector
**%* Historic Collector
0 200 400
_ 800
1,200 1,600
Feet
STAFF MEW FORM - NON -FINANCIAL OBLIGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
652004
CP&E
Department
RZN 03-33.00: Rezoning (Dunnerstock Development, pp 400) was submitted by James McCord on behalf of
Dunnerstock Development for property located on Rupple Road north of Wedington Drive containing
approximately 17.19 acres. The request is to approve an ordinance rezoning the newly annexed property from
R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre.
STAFF RECOMMENDATION
Department Director
Finance & Internal Services Dir.
Approval.
42 Received in Mayor's Office 3 A 21b�
ate Date
3/22/d if
Date
Date
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
al_"r
Date
3/
Data
Orig. Contract Number:
New Item:
Yes No
FAYETTEV?LLE 101
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division �Q
From: Clarice Buffalohead-Pearman l9r
City Clerk Division
Date: April 23, 2004
Re: Ordinance No. 4566
Attached is a copy of the above ordinance passed by the City Council April 20, 2004, authorizing
rezoning, RZN 03-33.00, property located on Rupple Road north of Wedington Drive owned by
Dunnerstock Development, Inc. This ordinance with attachments will be recorded in the city
clerk's office and microfilmed.
If anything else is needed please let the clerk's office know.
/cbp
attachments
bi
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
LegcIl Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
L� was inserted in the regular editions on
PO# 0 o
** Publication Charge: $
Subscribed and sworn to before me this
_ - day of A.y , 2004.
My Commission Expires: 07 do
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
i My Commission Expires 07-25.2013
RECEIVED
MAY 0 5 2004
C11Y OF FAYETrEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
' MIDINANCe NO. IDES _
AN ORDNJANC&&��FF�OO�,,�{{��SS��THAI PROPERTY DESCRIBED IN
RQONING PES�INDYN�1-33?DO/CS'SUEMIfiED BYQAMES
MCCOPD ON SEHAIF OF DUNNERSTOCK DEVELOPMENT;
INC. FOR PROPERTY LOCATED ON RUFFLE ROAD NORTH OF
WEDINGTON DAME FROM R-A, RESIDENTIAL AGPICULTURAL of&nov&
TO RSF-4. BESQSMA- SINGLE FAMILY FOUR UNITS PER
ACRE J
on R oM w BY THE CITY COUNCIL OF THE CITY OF FAYNTTN111LLN, ARKANSAS:
Section 1: That iM zone uisvlramm a Ifa talovhg deeabee prop" IS hereby swiped ea fplma:
Fm R.A. ResdWW AWJouft aal to RSF.4, Ra Wmikl Elrgl -Fan*. 4 Ur* a Par Acre a &town h
Eeibl'A' altaYeo hereto artl'maoe a part hereof.
Section 2: That 111e oRloal zming map of Ye City of FeyettaAle, ArWroee, Is teeby anattlatl to relent
t zorR19 cww prv+irtetl n Ss6on 1 abo+a.
PASSED xr0 AFFIIOY[D this 20th oay of April, 2004.
APPROVED:
By
DAN COODY, Marx
ATTEST:
By;
SONDRA tMITIIr Cft Clark
EXHIBT'A'
RZN 03-33.00
A PART OF THE NORTHWEST OUARTER (NW ) OF THE NORTHEAST QUARTER (NE J OF SECTION
TWELVE (12). TOWNSHIP. SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE
PARTICULARLY DESCRIBED:AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OFSAID
40 ACRE TRACT, THENCE $0725'14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48
FEET TO THE TRUE POW OF BEGINNING, SAID POINT BEING IN AUPPLE ROAD AND FROM
WHICHA*IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY UNE OFSAID ROAD
BEARS S89911'31 W 25.77 FEET; THENCE LEAVING THE EAST UNE OF SAID 40 ACRE TRACT AND
RUNNING ALONG AN EXISTING FENCE S89.11'31 W 35000 FEET TO A SET _ IRON REBAR;
THENCE S00° 5114'E 257.72 FEET TO A SET _ IRON REBAR; THENCE N89959'0('W 39.39 FEET
TO A SET ' IRON REBAA: THENCE 300060'38W 123.76 FEET ALONG AN EXISr)NG FENCE TO A
SET _-IRON REBAR ON'IHE SOLY-H UNEOFSAID 40ACRETRACT, THENCE N89°59'00W 503.85
FEET ALONG THE SOUTH UNE OF SAID 40ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT
THE SOUTHEAST CORNER OF WILLOW SPRINGS'SUBONISION; THENCE NW06'36W 994.45
FEET ALONG THE EAST LINE OF SAID SUSDMSION TO A SET _ IRON REBAR; THENCE LEAVING
THE EAST LINE OF SAID SUBDMSION S89668'6WE BT0.58 FEET TO THE POINT OF BEG"ANIG,
17.19 ACRES. MORE OR LESS, WASHIJGTON COUNTY, AWANSAS. THE ABOVE
DESC �9 ACBE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD
ALONG r EAST BOUNDARY
`O
AAawas Demomt 7W(f)aziette
AFFIDAVAT OF PUBLICATION
do solemnly swear that I am
Leg4l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
was inserted in the regular editions on
47
PO#
** Publication Charge: $ / W,
Subscribed and sworn to before me this
oc day of Arty 2004.
Notary Public
My Commission Expires: o7/dolol?
" Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
'— Official seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission ExpirGO 7-2� 5 2� 01,3„
RECEIVED
MAY n 7 2004
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700
0ODOUMC6 NO. 45"
THAT PROPERTY DESCRIBED IN
REZONING
fI�PZN -.Dp AS BUBMfETED 01'JAMES _y
EF1gLF OF DVNNERSTpLF DEVELOPMENT,_l lwv��O
:mv LOCATED ONR IP AROAOICULTURA-f�i`N, V� �`i
II I�'. - -.- L SINGLE r�m2,. _
aSF-4. RESIOENBA fa
' `!r
E - OP'"W"WM
R OppypiD BY THS ORY cou"cl* O! TNY CRY
dWabod PrWooY u bole GtanB� es AW
Lion �: That VIe zme do ry l oo of-" folo+ * q units Per cha+nl
l0 PSF-41 e0 $k101aEaY..
rn R-A. Resldentid t of 8 a Part �� ^ - � refl
1w K eRactree here p as.I%hBreby .
a5 o""eva�inSectW% e1 '
�pppW[D tiro 2M Co, of Ayr®. 2004•
� Ww
THE
iel
pWIBR •A•
FaN 03-33.00 ._ . ,....
A
RECEIVED
MAY 0 7 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE