HomeMy WebLinkAboutOrdinance 4678 1
ORDINANCE NO. 4678
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 05- 1358 FOR PROPERTY LOCATED AT
1208 N. GARLAND AVENUE CONTAINING APPROXIMATELY 0.24
ACRES FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO C-2,
THOROUGHFARE COMMERCIAL
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 C- 1 , Neighborhood Commercial, to C-2, Thoroughfare
Commercial 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 I above.
PASSED and APPROVED this 15`x' day of February, 2005.
„�annrrp,�� APPROVED:
•'bly � c'• Gp
By:
; FAYETTEVILLE ; ? DANCOODY, ayor
ATTEST: ,,syyso */fANSPOJ�',
.,,ANG; ON1610110%
,G0'
By:
SO DRA SMITH, City Clerk
IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Recorded : 04/08/200SOatT10e58p20 AM
Fee Amt : $11 . 00 paoe 1 012
We ehlnoton county . AR
Bette Stamoe circuit Clerk
F11e2005-00014933
EXHIBIT "A"
RZN 05-1358
PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER
(NW ''/a) OF SECTION NINE (9), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY
(30) WEST DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH LIES 320
FEET EAST AND 870.37 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY (40) ACRE TRACT AND RUNNING THENCE SOUTH 89044536"EAST 208
FEET; THENCE SOUTH 51 .23 FEET; THENCE NORTH 89°44'36"WEST 208 FEET;
THENCE NORTH 51 .23 FEET TO THE POINT OF BEGINNING, CONTAINING 10,658
SQUARE FEET OR 0.244 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
TOGETHER WITH ALL APPURTENANCES THERETO, INCLUDING BUT NOT
LIMITED TO, ALL RIGHTS REFLECTED IN THAT REAL ESTATE CONTRACT
DATED JUNE 139 1964, BETWEEN J. AUSTIN PARISH AND ETHEL R. PARISH, AS
SELLERS, AND SUPER MARKET DEVELOPERS, INC., AS BUYER, WHICH REAL
ESTATE CONTRACT IS RECORDED IN RECORD BOOK 622 AT PAGE 46 AND
FOLLOWING IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER FOR WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
04/08/2005 10:58:20 AM
and recorded in Real Estate
File Number 2005.00014933
Bette Stamps - Circuit Clerk
by
®�P
City Council Meetin* February 15, 2005 f,& -7 $
Agenda Item Number filpN '95 -/.7.5
CTT'Y'C'OUNCTL AGENDA MEMO iI1 p�
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy Pate, Interim Zoning and Development Administrator
Date: January 25, 2005
Subject: Rezoning for Marietta Camillieri (RZN 05- 1358)
RECOMMENDATION
Planning Staff recommends approval of the requested rezoning for Marietta Camillieri, a
0.24-acre tract located at 1208 N. Garland Ave. This action will rezone the property from
C- 1 , Neighborhood Commercial, to C-2, Thoroughfare Commercial.
BACKGROUND
The subject property is located at the northeast corner of North St. and Garland Ave., in
what is commonly known as the Oak Plaza Shopping Center. There are a variety of
zoning designations located in this area including C- 1 , C-2, R-O and RMF-24. The
property to the east is zoned RMF-24 with single family homes currently existing.
Several different businesses are located within this shopping center including a book
store, a restaurant and a general retail store, among others.
The applicant requests rezoning the property from C- 1 , Neighborhood Commercial, to C-
2, Thoroughfare Commercial to allow for uses more compatible and similar to the uses
located within the shopping center.
Staff recommends approval of the proposed rezoning. The subject property is physically
attached and shares parking with other commercial structures to the north and south
which are zoned C-2, Thoroughfare Commercial and thus, this zoning would be in
harmony with adjoining uses.
DISCUSSION
This item was heard at the regular Planning Commission meeting of January 24, 2005 .
The Planning Commission voted 9-0 in favor of the rezoning request.
BUDGET IMPACT None.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04- 1358 FOR PROPERTY
LOCATED AT 1208 N. GARLAND AVENUE CONTAINING
APPROXIMATELY 0.24 ACRES FROM C- 1 , NEIGHBORHOOD
COMMERCIAL TO C-2, THOROUGHFARE COMMERCIAL
BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classificMV&ation of t 'e ollowing described
property is hereby changed as follows:
From C-1, Neighborhood Comnper ial to C-2 horoughfare commercial as
shown in Exhibit "A" attached keret and made-a,part hereof.
Section 2. Tha the official zoninji�, ap of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section 1 above.
PASSED AND A -VED this day of * 12005.
APP OVED:
By:
-'; DAN COODY, Mayor
� Y
ATTEST:
� s
Sondra Smith, Cityy'_Clerk
EXHIBIT""A'
RZN 04-1358
PART OF THE SOUTHWEST QUARTER (SW %4) OF THE NORTHWEST QUARTER
(NW 1/4) OF SECTION NINE (9), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY
(30) WEST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES 320
FEET EAST AND 870.37 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY (40) ACRE TRACT AND RUNNING THENCE SOUTH 89044'36"EAST 208
FEET; THENCE SOUTH 51 .23 FEET; THENCE NORTH 89°44'k3WEST 208 FEET;
THENCE NORTH 51 .23 FEET TO THE POINT OF BEG INN,�G CO AINING 10,658
SQUARE FEET OR 0.244 ACRES, MORE OR LESS, CITY F FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. , �l
TOGETHER WITH ALL APPURTENANCES � HEI i'r INCL BUT NOT
LIMITED TO, ALL RIGHTS REFLECTED INJHAT REAL ESTATECONTRACT
DATED JUNE 13, 1964, BETWEEN J. AUS �IN PARISH ETHEL R. PARISH, AS
SELLERS, AND SUPER MARKET DEVELOPER$ IN A BUYER, WHICH REAL
ESTATE CONTRACT IS RECORDED IN RECORIOK 622 AT PAGE 46 AND
FOLLOWING IN THE OFFICE tOF THE CIRCUI CLERK AND EX-OFFICIO
RECORDER FOR WASHINGTON Q OUNTY, ARKANS
Y
Taye evlPC Meeting of January 24, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE . ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner
THRU: Jeremy C. Pate, Zoning & Development Administrator
DATE: January 19, 2005
RZN 05-1538: Rezoning (CAMILLIERI, 450): Submitted by MARIETTA CAMILLIERI for
property located at 1208 N. GARLAND AVENUE. The property is zoned C- 1 , NEIGHBORHOOD
COMMERCIAL and contains approximately 0.24 acres. The request is to rezone the subject property
from C- 1 , Neighborhood Commercial, to C-2, Thoroughfare Commercial.
Property Owner: PHIL COLWELL Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING'COMMISSION ACTION: Required AS
Date: January 24, 2005 O Approved O Denied .
CITY COUNCIL ACTION: Required YES
Date: F.ebruary 15, 3005 (lstkeadins if recommended)
O :Approved O Denied
Comments:
BACKGROUND:
Property description: The subject property is located at the northeast corner of the intersection of
North St. and Garland Ave., in the area commonly know as the Oak Plaza Shopping Center. The
site/store is currently vacant and is zoned C- 1 , Neighborhood Commercial. Surrounding
properties are zoned C- 1 , C-2, RMF-24, and R-O and are developed with a variety of residential
and commercial uses. The primary use established in this area is commercial in nature.
K:IReporis120051PC Reporisl01-24-051RZN 05-1358 (Camillieri).doc
0
The.applicant proposes.to-operate_a.husiness_on.the subject.property.that.is.allo.uable in a-C-2.
zoning district, but not within a C- 1 zoning district.
Background: The property containing the shopping center was originally rezoned from R-2 to
C-1 in 1967. In subsequent years the parcel has been subdivided and rezoned several times.
Currently the subject property is located in between two larger parcels that exist within a C-2
zoning district, and are physically connected as structures. Businesses located in the shopping
plaza include Movie Gallery, Book Circus, Rock Bottom Comics, Hogs Breath Eatery, and a
Dollar General store. The structure on the lot is physically attached to other commercial
structures to the north and south, developed as part of the overall shopping center. It shares
parking with other commercial lots in the center zoned C-2.
The intersection of Garland Ave. (State Hwy 112) and North St. serves as a large commercial
node with an assortment of residential, shopping, banking, restaurant, grocery, and assorted
convenience commercial uses located in close proximity to each other, serving the surrounding
community.
Proposal: The applicant proposes a rezoning of the subject property to C-2, Thoroughfare
Commercial, to allow for uses more compatible and similar to the uses that surround the parcel.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Restaurant — Hogs Breath Eatery C-2, Thoroughfare Commercial
South Retail — Book Circus C-2, Thoroughfare Commercial
East Residential RMF-24
West Parking Lot C-2, Thoroughfare Commercial
INFRASTRUCTURE:
Streets: Access to the site is provided by Garland Ave., a minor arterial, and Mt. Comfort
Rd., a local street, as identified in the Master Street Plan.
Water: The property currently has access to a 1 " water line located at the rear of the
property.
Sewer: The site has access to a 6" sewer main located at the rear of the property.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that
the response time from Fire Station #2 to the site would be approximately 1
minute for a distance of 0.3 miles.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the
load on police services.
K.IReports120051PC Reports101-24-051RZN 05-1358 (CamiUieri).doc
LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial.
Rezoning this property to C-2, Thoroughfare Commercial, is consistent with the land use plan for
a commercial use and is compatible with surrounding properties that are similarly zoned C-2.
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 rezoning is consistent with current land use planning
objectives and policies and is compatible with adjacent properties in the
same district. Surrounding properties are primarily commercial in nature,
and largely function within a C-2 district. The property in question lies
between two parcels that are zoned C-2, while physically attached with
common walls. Rezoning the property to a C-2 district is desirable, in order
to promote a consistent, orderly land use and zoning plan.
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. The General Plan 2020 identifies the Guiding Policies
for Community Commercial areas as: "centers that are accessible and
compatible with adjacent residential development" and "uses within
community commercial areas [that] primarily serve residents of
Fayetteville." The shopping center in which this parcel is located does serve
the community at large, and a consistent zoning district enables a sound
approach to redevelopment and reuse of existing structures.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Future development with the proposed zoning would not potentially increase
traffic accessing onto Mt. Comfort Rd. or Garland Ave.
Po/ice — It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this
rezoning request.
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.
K.Weports110051PC Reports101-14-051RZN 05-1358 (Camillieri).doc
0
Finding: . The-proposed zoning_would.notsubstantially. alter..the..population. density.. in_
the area. Public service providers have responded accordingly:
Police — This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
Fire — This rezoning is in close proximity to Fire Station #2 and has an adequate
response time of 1 minute.
Engineering - The property currently has access to a 1 " water main and a 6" sewer main
located at the rear of the property. These mains will be sufficient to supply
water and sewer service for the site.
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
K.IReporu120051PC Nporisl0l-24-051RZN 05-1358 (Camel ieri).doc
161.16DistrictC-l, Neighborhood.. _ 161,17District.C-2,.Thoroughfare
Commercial Commercial
(A) Purpose. The Neighborhood Commercial (A) Purpose. The Thoroughfare Commercial
District is designed primarily to provide District is designed especially to encourage the
convenience goods and personal services for functional grouping of these commercial
persons living in the surrounding residential enterprises catering primarily to highway
areas. travelers.
(B) Uses. (B) Uses.
(1 ) Permitted uses. (1) Permitted uses.
Unit 1 Ci -wide uses by right Unit 1 City-wide uses by right
Unit 12 Offices, studios and related services Unit 4 Cultural and recreational facilities
Unit 13 Eating laces Unit 12 Offices, studios and related services
Unit 15 Neighborhood shopping Unit 13 Eating laces
Unit 18 Gasoline service stations and drive-in Unit 14 Hotel, motel, and amusement facilities
restaurants Unit 15 Neighborhood shopping oods
Unit 25 Professional offices Unit 16 Shopping oods
Unit 17 Trades and services
(2) Conditional uses. Unit 18 Gasoline service stations & drive-in restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 2 City-wide uses b conditional use permit Unit 33 Adult live entertainment club or bar
Unit 3 Public protectionand utility facilities 11 Unit 34 1 Liquor store
Unit 4 Cultural and recreational facilities
Unit 34 Liquor stores
Unit 35 Outdoor music establishments (2) Conditional uses.
Unit 36 Wireless communications facilities '
Unit 2 City-wide uses by conditional use pennit
(C) Density. None. Unit 3 Public protection and utilityfacilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
(D) Bulk and area regulations. None. Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
(E) Setback regulations. Unit 36 Wireless communications facilities
Front 50 ft. (C) Density. None.
Side None (D) Bulk and area regulations. None.
Side, when contiguous to a residential 10 ft. (E) Setback regulations.
district
Rear 20 ft.
Front 50 ft.
Side None
(F) Height regulations. There shall be no maximum Side, when contiguous to a residential district 15 ft.
height limits in C- 1 District, provided, however, Rear 1 20 ft.
that any building which exceeds the height of 10
feet shall be setback from any boundary line of (F) Height regulations. In District C-2 any building
any residential district a distance of one foot for which exceeds the height of 20 feet shall be set
each foot of height in excess of 10 feet. back from any boundary line of any residential
district a distance of one foot for each foot of
(G) Building area. On any lot the area occupied by height in excess of 20 feet. No building shall
all buildings shall not exceed 40% of the total exceed six stories or 75 feet in height.
area of such lot. (G) Building area. On any lot, the area occupied .
by all buildings shall not exceed 60% of the total area
of such lot.
K.Teports12005WC ReporW01-24-051RZN 05-1358 (Camillier#.doc
To the City of Fayetteville
#6.
CoL [ � [ L
A. Philip J. his the owner and to my knowledge that there are no plans to sell .
B. I wish to put in a shop that requires a C2 zoning status .
C. The store will attract potential customer for the other shops and vise versa . This in not a high
volume shop . Maybe at most 6 cars for customers at a time . Most times 1 or 2 cars . The store
front already has a sign installed . I will replace the plastic cover with the store's name . Very low
impact .
D. 6"sewer line located outside of the building in back on the east side .
#7.
A. 1206 and 1210 , the two joining store fronts are zoned as C2.
B. At one time 1206 and 1208 ( the space I desire ) were the same store . There is a wall dividing
the space to make 2 stores . They share the same water meter and the bathroom for 1206 is in the
far back on the side of 1208 .Yet 1206 is zoned C2 , 1208 is zoned Cl .
C. I don't see how .
D. I don't believe so .
E. The present zoning is limiting .
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FAYEfEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
January 13, 2005
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
Cj
POLICE DEPARTMENT
RECEIVED
JAN 1 8 2G4
PLANNING DIV.
This document is in response to the request for a determination of whether the proposed
RZN 05-1358 Rezoning (Camillieri, 405) submitted by Marietta Camillieri for property
located at 1208 N. Garland would substantially alter the population density and thereby
undesirably increase the load on public services or create an appreciable increase in
traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this Rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services or create an appreciable increase in traffic danger and traffic congestion.
Sincerely,
le �V A`am utenant William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT
P.O. BOX 1988
FAYETTEVILLE, ARKANSAS 72702-1988
(DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
JAIL: 140-A WEST ROCK STREET 72701
PHONE: 479-587-3555 FAX: 479-587-3522
ORDINANCE NO. 015_9
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R92-3 FOR A PARCEL
LOCATED ON THE EAST SIDE OF GARLAND AVENUE AND
NORTH OF MT. COMFORT ROAD (IN OAK PLAZA
SHOPPING CENTER) AT 1220 N. GARLAND.
BE IT ORDAINED BY THE BOARD OF
FAYETTEVILLE, ARKANSAS:
OFTHE CITY OF
Section 1. That the zone classification of the following
described property is hereby changed as follows:
R92-3 for the real property described in Exhibit "A"
attached hereto and made a part hereof.
From C-i, Neighborhood Commercial District, to C-2,
Thoroughfare Commercial District.
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 4th day of February , 1992.
APPROVED:
Mayo
ATTEST:/D
City Cl rk
0
FAYETTE« �LE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
•
TO: Planning Commission
FROM: Alett S. Little, Planning Management Director
DATE: January 7, 1992
SUBJECT: Petition by Richard Osborne, representing Thomas F.
James and subsequently Sterling Anders, for rezoning of
property at 1220 N. Garland
Request: Rezoning from C-1, Neighborhood Commercial, to C-2,
Thoroughfare Commercial
Location:
This property is located in an area commonly known and referred to
as Oak Plaza Shopping Center,an established shopping area. The
parcel under consideration is the building formerly occupied by the
Dillon's Food, Store at 1220 N. Garland. The property abuts and has
536' of frontage along Mt. Comfort Road, a collector street to two
streets designated on the master street plan as major arterials.
Land Use and Zoning:
Current zoning on this parcel is C-1. Zoning to the north is C-2,
to the east is R-0, and to the south is C-1. Zoning to the west
is C-1 and C-2. Zoning for the parcel located southwest of the
intersection of Garland and Wedington (Parson's property) is under
appeal, however it will probably be either R-1 or C-1 depending on
the outcome of the appeal. The structure on the lot is physically
attached to other commercial property to the north and shares
parking with other commercial lots zoned C-2. Existing businesses
are, to the north, Oak Plaza Pharmacy, Oak Plaza Laundry, Hog's
Breath Eatery, Triangle Arts Store, Donut Shop, and DJ's Hair
Factory. Mr. Burger, a fast-food restaurant, is located to the
south with access through the parking lot. To the west in
connected buildings are three businesses: Tans & Trims, Life of
Georgia, and a Barber Shop.
Petitioner has requested rezoning for two reasons:
1. To accomodate a• prospective purchaser
2. To achieve zoning consistent with other similar shopping
centers
Staff Recommendation:
Staff recommends that subject property be rezoned C-2.
C-i zoning is primarily to serve neighborhood commercial needs,
while C-2 zoning is primarily to serve areas along highways. Mt.
Comfort is a collector street which connects North Street with
Garland (Hwy 112). This area is shown to be commercial (C-1, C-2,
C-3, or C-4) on the land use plan prepared for the 1970 general
plan. This parcel is located in a recognized shopping area and has
extensive frontage on Mt. Comfort, a collector street to two
streets designated on the master street plan as major arterials.
An additional factor in favor of rezoning subject parcel is that
the buildings which adjoin the former Dillon's Store to the north
are currently zoned C-2. Rezoning of subject parcel should not
substantially affect the amount or flow of area traffic.
Uo'5
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Overview
Legend
RZN 05-1358 OverlayDisuicl ®PdndMArsenal—FLOOOWA 500YEAR
Master Street Plan Minv Arsenal — 100 YEAR --- LIMIT OF STUDY
Master Street Plan — — Collednr — — - Baseline Profile
Freeway/E'pessway "" Ristonc Couecbr II Fayetteville
Outside City
0 75 150 300 450 600
Feet
Cityof Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
15 -Feb -05
City Council Meeting Date
Jeremy Pate
Submitted By
Planning Operations
Division Department
Action Required:
RZN 04-1358: (CAMILLIERI, 405): Submitted by MARIETTA CAMILLIERI for property located at 1208 N. Garland
Avenue. The property is zoned C-1, Neighborhood Commercial and contains approximately 0.24 acres. The request
is to rezone the subject property to C-2, Thoroughfare Commercial.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Department Di ctor Date
City Attorney I.Date
Mayor
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original
Contract
Date:
n/a
Original
Contract
Number:
n/a
Received in City Clerk's Office
Received in Mayor's Office
Date
4* , � lam. $ . iwerl®rly-47 FIYC4kN
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am the
Legal 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:
b was inserted in the regular editions on
PO#, _ ___�II�
** Publication Charge: $ J j.4g
Subscribed and sworn to before me this
day of Al Y.U, 2005.
hwao c�flJbin'oi
Notary. Public
Sharlene D. Wllllame
My Commission Expitlew.Public
State of Arkansas
an11 Commission Expires
" Please do noIP t pay from Affiaavir14
An invoice will be sent.
RECEIVED
t4R 092995
mOCF FAYE7TEVILLE
LERK S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSJ
ORDINANCE NO.
,NCE REZONING THAT PROPERTY
IN REZONING PEITRON R7N rt5.1,tc
IT ORDAINED BY TNm CITY COUNCIL OF THE CITY OF FAYETTMLLE, ARKANSAS-.
WrILl: That ft g zone dasslfratbn Cl Die fNON*g debabed poperly le hereby charged ea blows:
, TT . . :. . . : ,
W.d APPROVED We 15th day of Fetrsy, 2005.
A SYNTH, City Clark
EXHIRR'A'
RZN 05-1358
THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST OUARTER I W 1/4) OF SEC-
T (9). TOWNSHIP SIXTEEN (16) NORTH, RANGE T/NRTV (30) WEST DESCRIBED AS FOL-
3EGINMNG AT A POINT WHICH LIES 320 FEET EAST AND 870.37 FEED SOUTH OF THE
VEST CORNER OF SAID FORTY (40) ACRE TRACT AND RUNNING THENCE SOUTH
EAST 208 FEET, NITHENCE SOUTH 51.23 FEET; THENCE NORTH W 44'38' WEST 208 FEET;
NORTH 51.23 FEET TO THE POINT OF BEGINNING, CONTAINING 10,658 SQUARE FEET'
I ACRES, MORE OR LESS. CITY OF FAYEREVILLE. WASHINGTON CO(WTY, ARKANSAS,
ER WITH ALL APPURTENANCES THERETO, 94CLLJDING BUT NOT UNITED TO, ALL
REFLECTED IN THAT REAL ESTATE CONTRACT DATED JUNE 13, 1084, BETWEEN J.
PARISH AND ETHEL R. PARISH. AS SELLERS, AND SUPER MARKET DEVELOPERS. INC.,
B3, WHICH REAL ESTATE CONTRACT IS RECORDED IN RECORD BOOS 622 AT PAGE 48
LLOMNG IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFACIO RECORDER FOR