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HomeMy WebLinkAboutOrdinance 5266 1111111 111111 iii 11111 11111 1111111E 1111111111111111111111111 ilii iliDoc ID : 013083800003 Type : RELi KindRD : OINANCE Recorded ' 09/23/2009 at 11 : 13 : 23 AM Fee Amt : 525 . 00 Pace 1 of 3 Washington County . AR Bette Stamos Circuit Clerk Flla2009-00030680 ORDINANCE NO. 5266 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3344, FOR APPROXIMATELY 0.60 ACRES, LOCATED AT 3695 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single-Family, 4 units per acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and "B" 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 18`h day of August, 2009. APPROVED: ATTEST: ByZOALDJ6&,IN. 1N By: a., aMdt2 Mayor SONDRA E. SMITH, City Clerk/Treasurcr 011111 IF I I fill, TR 111fl ��G••G\S Y O c •GP ; FAYETTEVILLE • vs`9RkANSP�'J`';� TWA EXHIBIT "Ays RZN09-3344 ESPINO- MADEWELL/ E . HUNTSVILLE Close Up View RSA RS 4 SUBJECT PROPERTY sY ,. RA RW 24 HoFA VSF-I Overview 0 37.5 75 150 225 300 Feet Page 2 Ordinance 5266 EXHIBIT "B" RZN 09-3344 PART OF THE SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTEEN (13), IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT 43 .5 FEET WEST OF THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE NORTH 060 EAST 234.54 FEET TO AN IRON STAKE ON THE SOUTH LINE OF THE RIGHT OF WAY OF STATE HIGHWAY # 16, THENCE NORTH 70030' WEST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY 110 FEET TO AN IRON STAKE, THENCE SOUTH 70 WEST ALONG AN EXISTING FENCE LINE 272 FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT (SAID POINT BEING 229' EAST OF THE SOUTHWEST CORNER OF A FIVE ACRE TRACT CONVEYED TO MRS. NOLA E. THOMAS BY G.A. LAWSON AND ALLIE LAWSON, HIS WIFE, SAID DEED RECORDED IN THE RECORD BOOK 338 PAGE 392), THENCE EAST 112.5 FEET TO THE POINT OF BEGINNING, CONTAINING 0.64 ACRES, MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/18/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 09-3344: (Madewell, 529): Submitted by Eric Heller for property located at 3695 East Huntsville Road. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 0.60 acres. The request is to rezone the subject property to NC, Neighborhood Conservation. i r I. $ Cost of this request Category / Project Budget Program Category / Project Name $ Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �1t a"Li.rq .Previous Ordinance or Resolution # Department Dir t Date Original Contract Date: Original Contract Number: City Attorney p ' Date 0. 1S Finance and Internal Services Director Date Received in City + Clerk's Office JV 94o �r C ief f St Date Received in WateQ Mayor's Office !� --- /ay r Comments: I I Revised January 15, 2009 i i City Council Meeting of August 18, 2009 j Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: July 30, 2009 Subject: Rezoning for Madewell (RZN 09-3344) 6 RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property j from RSF-4, Residential Single-family to NC, Neighborhood Conservation, located on i the at 3695 E. Huntsville Road. BACKGROUND The Planning Commission reviewed a request to rezone the subject property to R-O, Residential Office on July 13, 2009. The Planning Commission tabled the request to allow the applicant and staff additional time to discuss other options for rezoning that could allow for office development on the property, but without rezoning the property to Residential Office. The subject property is located at 3695 E. Huntsville and is currently developed with one single-family home constructed in 1946. Surrounding properties in this area consist of single-family residences and undeveloped pastures, although there are several nonresidential uses periodically found along E. Huntsville Road. DISCUSSION This item was heard at the regular Planning Commission meeting on July 27, 2009. The Planning Commission voted 8-0-0 to forward this rezoning request to the City Council with a recommendation for approval. 0 BUDGETIMPACT None. j ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3344, FOR APPROXIMATELY 0.60 ACRES, LOCATED AT 3695 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO NC, NEIGHBORHOOD CONSERVATION BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single-Family, 4 units per acre to NC, Neighborhood Conservation, as shown on Exhibits "A" and `B" 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 day of 12009. APPROVED: ATTEST: i By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I EXHIBIT "A" I RZN09-3344 ESPINO=MADEWELL/ E . HUNTSVILLE Close Up View e a� � �yf 91 mist sg ',. wtKz oc RV4 ARM-? w,` , I. SUBJECT PROPER Sk ..,H,,7 _ Overview I i I Q � I 0 37.5 75 150 225 300 ! q Ffwl I i I EXHIBIT "B" RZN 09-3344 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTEEN ( 13)5 IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT 43 .5 FEET WEST OF THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE NORTH 060 EAST 234.54 FEET TO AN IRON STAKE ON THE SOUTH LINE OF THE RIGIIT OF WAY OF STATE HIGHWAY # 16, THENCE NORTII 70030' WEST ALONG THE SOUTH RIGIIT OF WAY LINE OF SAID HIGHWAY 110 FEET TO AN IRON STAKE, THENCE SOUTH 70 WEST ALONG AN EXISTING FENCE LINE 272 FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT (SAID POINT BEING 229' EAST OF THE SOUTHWEST CORNER OF A FIVE ACRE TRACT CONVEYED TO MRS. NOLA E. THOMAS BY G.A. LAWSON AND ALLIE LAWSON, HIS WIFE, SAID DEED RECORDED IN THE RECORD BOOK 338 PAGE 392), THENCE EAST 112.5 FEET TO THE POINT OF BEGINNING, CONTAINING 0.64 ACRES, MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS. i i �a e evllle PC Meeting of July 27, 2009 y 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: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: rub 22 2009 Updated July 30, 2009 RZN 09-3344: (MADEWELL/E.HUNTSVILLE, 529): Submitted by ERIC HELLER for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Jesse Fulcher BACKGROUND: The Planning Commission reviewed a request to rezone the subject property to R-O, Residential Office on July 13, 2009. The Planning Commission tabled the request to allow the applicant and staff additional time to discuss other options for rezoning that could allow for office development on the property, but without rezoning the property to Residential Office. Property Description- The subject property is located at 3695 E. Huntsville and is currently developed with one single-family home constructed in 1946. Surrounding properties in this area consist of single-family residences and undeveloped pastures, although there are several nonresidential uses periodically found along E. Huntsville Road. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use -Zoning North Vacant RSF-4 South Residential/Commercial RSF-4 East Residential/ RSF-4 West Residential RSF-4 Proposal: The applicant proposes to rezone the property from RSF-4, Residential single-family to R-O, Residential Office. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the rezoning request to NC, Neighborhood Conservation (RZN 09- 3344 Tammy Madewell) based on the findings stated herein. K.kReporls120091PC ReporlsWJuly 271RZN 09-3344(7ammyMadewe11) #2.dm PLANNING COMMISSION ACTION: Required YES Date: July 27, 2009 O Tabled Forwarded O Denied Motion: Graves Second: Zant Vote: 8-0-0 CITY COUNCIL , Required YES O Approved O Dented Date: August 18, 2009 .' INFRASTRUCTURE: Streets: The site has access to Huntsville Road, which is a two-lane paved state highway. Street improvements would be evaluated at the time of development. Water: Public water is available to the property. There is an 8" main on the north side of Huntsville Road. A water main may need to be extended through the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 12" public main running through the property. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is affected by the I00-year floodplain. Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. The extent of any added traffic congestion will depend on the type of business. Fire: This property will be covered by Engine #3 located at 1050 S. Happy Hollow. It is 1 .75 miles from the station with an anticipated response time of 4 minutes. The Fire Department does not feel that this rezoning will affect the calls for service or response times. i CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Residential Neighborhood Area, which are almost exclusively residential in nature. These zones recognize conventional subdivision development but encourage traditional neighborhood development that incorporates low-intensity non-residential uses. FINDINGS OF THE STAFF I 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. K:IReparb120091PC RepartsV 7July 27187.N 09.3344(TammWadewll) #2.do 1 1 i Finding: Staff finds the proposed Neighborhood Conservation zoning to be consistent with the Residential Neighborhood Area land use designation, which almost exclusively supports residential land uses. A low intensity non-residential land use could also be permitted by conditional use permit, which would provide staff and the Planning Commission the ability to review a specific project to ensure compatibility with surrounding properties. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The subject property has been utilized for a single-family residence for approximately 60 years, although it is currently vacant and for sale. A rezoning to Neighborhood Conservation would allow the applicant to continue using the existing single-family residence, or redevelop the property for a two-family dwelling. Additionally, the applicant could request a conditional use permit through the Planning Commission for a three-family dwelling, or a low intensity non-residential use. In staff's opinion, the Neighborhood Conservation zoning district provides a greater opportunity for redevelopment of this property, while retaining protections and compatibility of land use with adjacent and nearby properties through the zoning regulations. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to Neighborhood Conservation could result in the potential for a slight increase in traffic compared with that allowed under the existing zoning. The degree to which the change in zoning would affect existing traffic conditions on Huntsville Road, which is a busy state highway, would depend on the size of the new development and the associated uses. A greater number of turning movements into and out of the property could lead to increased congestion along Huntsville Road. Access to the site will be reviewed in accordance with the City's adopted standards at the time of development and may include shared and cross access points. 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: Staff rinds that the proposed zoning would not create undesirable impacts to public services, or a residential density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. The property is currently zoned for single-family dwellings. The change in zoning to Neighborhood Conservation will continue to allow for residential use of the property, and provide an opportunity for a low intensity nonresidential land use. Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments are included in this report. KlReportst20091PC Reporlsll7July 27IRZN 09.3344(Pa)nmyMadeswil) M2.doc I 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 whichjustify the rezoning even though there are reasons under b ( I ) through (4) above why the proposed zoning is not desirable. Finding: Staff rinds it is not impractical to utilize the property for the existing use, as similar uses are found along Huntsville Rd. in the nearby vicinity, including those directly surrounding. However, the Neighborhood Conservation zoning district provides a greater opportunity for redevelopment, which in staff's opinion, would be a desirable change given the current condition of the structure on the property. I KAReporns1100MC Reports117Juty 171RZN 09-3344(TammyA4ademell) 42.doc (7/22/2009) Jesse Fulcher - RE: Espino Rezoning (Out of the office) Page 1 From: "Eric" <erich@hgmci.com> To: "Jesse Fulcher" <jfulcher@ci.fayetteville.ar.us> CC: "Tammy" <espinot@yahoo.com> Date: 7/16/2009 3:50 PM Subject: RE: Espino Rezoning (Out of the office) Jesse, Please re -state our intention to request an RSF-4 CN zoning request. Please send me a copy of the regs that are attached to this.... Eric Heller 129 W. Boles Apt A Fayetteville, Ar. 72701 1-479-387-4361 "WHEN YOU WANT YOUR PROJECT DONE RIGHT ON TIME" ---Original Message From: Jesse Fulcher [mailto:jfulcher@ci.fayetteville.ar.us] Sent: Monday, July 13, 2009 3:30 PM To: erich@hgmci.com Subject: RE: Espino Rezoning (Out of the office) Eric, I wanted to make sure that you had received a copy of the staff report and were aware that staff was not supportive of the rezoning request. Please let me know if you have any questions before the meeting tonight. Thanks, Jesse >>> <erich@hgmci.com> 6/24/2009 4:26 PM >>> Jesse, Here is a revised legal description for the rezoning of the Madewell/Espino property. If I remember correctly, you said I do not need to be at the subdivision meeting as there is really nothing to discuss. If you have any questions please let me know. I will be out until the 6th of July so please call with any concerns. I really can't see any problems arising though. Have a great fourth. Eric Heller 129 W. Boles Apt A Fayetteville, Ar. 72701 1-479-387-4361 "WHEN YOU WANT YOUR PROJECT DONE RIGHT ON TIME" —Original Message----- The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 To: Karl Lintvedt, Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher From: Captain Mark Stevens Date: July 9, 2009 Re: RZN 09-3344 (ESPINO-MADEWELL / HUNTSVILLE, 529): This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 1.75 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Mark Stevens Captain Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! Date 6/22/09 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request comments on the proposed RZN 09-3344: (Espino-Madewell / Huntsville, 529), submitted by Eric Heller for property located at 3695 E. Huntsville Road. It is the opinion of the Fayetteville Police Department that this RZN will not alter the population density, and will not create an appreciable or undesirable increase in the load on police services. The extent of any added traffic congestion will depend on the type of business that opens there. Sincerely, Captain William Brown Fayetteville Police Department RZN 09-3344: (ESPINO-,.a.DEWELL / HUNTSVILLE, 529): b v,nitted by ERIC HELLER for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the subject property to R -O, Residential Office. Planner: Jesse Fulcher Public water is available to the property. There is an 8" main at on the north side of Huntsville Rd. Public water may need to be extended through the property to provide domestic and fire flow for any proposed development. Sanitary sewer is available to the site. There is a 12" public main running through this property. Public mains may need to be extended through the property to serve any proposed development. The site has access to Huntsville Rd. Huntsville is a two lane paved state highway in this location. Street improvements will be evaluated with development submittal. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain. City Of Fayetteville ATTN: Planning Division 125 W. Mountain St Fayetteville, AR 72701 RE: Re -Zoning Application ADDRESS: 3695 E. Huntsville Rd Parcel Id: 765-142243 To Planning Commission, Please find the attached responses to the concerns in question five regarding the rezoning of the property at 3695 E. Huntsville Rd. A. Current ownership information and any pending property sales. • The 0.64 acres of property is currently on the market with a pending contract to be sold from Sharon Ogden Franklin, to Tammie Madewell pending the planning commission's acceptance to re -zone the property from Rsf-4 to R -O (residential -office). B. Reason for requesting the zoning change. • As stated above the sale is pending upon the approval for Tammy Madewell to be able to tear down the existing structure as it is of no value, and clean up the lot and build a small real estate office. This zoning request falls under Section 161-16(B)(25). C. How will the property relate to the surrounding properties in terms of land use, traffic, appearance, and sign -age. • The 0.64 acres of property located just west of the White river is located directly off Highway 16 with 110' of frontage access. As witnessed by the development that's sprawling towards Elkins a small real estate office would be a benefit to the area. The proposed building would be a small real estate office for a company with only 4 agents and 1 broker and who have been in business for approximately 5 years with no change in size. These agents mostly work from home as well. If approved the office will be used mostly for 2 secretaries to do clerical and accounting work. Thus, this approval would have no significant impact on the existing traffic along Highway 16. • Existing property along Highway 16 just east of this property is currently zoned both R -O and C-1. Thus this is not a significant re -zoning of the property. • The existing building on the property is of no value to the sale. If approved Tammy Madewell plans to submit a large scale development through the City of Fayetteville to construct the new office at which time the property will be re -surveyed and the appropriated 55' from centerline will be deeded to the City of Fayetteville as well. D. Availability of water and sewer to the property. • There is existing water service serving the property, with an 8" water line running along Highway 16. There is also access to existing sanitary sewer line running along the South side of the property line. With the size of the existing lines the proposed re -zoning will have no impact on either utility. In recapping the project highlights we will be: • Improving the existing property and community • Construction of a brand new facility • Donating ROW along Huntsville Rd. to the City of Fayetteville • Absolutely no negative impact to the surrounding community Respectfully, Eric Heller HELLER CAD CONSULTING 129 W. BOLES ST. FAYETTEVILLE, AR 72701 PH 1.479.387.4361 FX:1.479.527.6421 LEDEND qP® o 40 __ [EMERY �_____ EalRorwYIN aE4e:r.q NORTH li I- -i . =T , . 1% S I,, Tht . LTO ''RETO M 24050.000 euevi Ue ELL, REL G 765-14251-000 1UN RD. VIL 72701 A DRAIN, IRENE 4 3755 E. HUNTSVILLE FAYETTEVILLE, AR 727 'S ZONING RSF-4 11 II �: 0 fi• 765.j410S-000 p • - � RAY, ROBERT MICHAEL 47811 E. HUNTSVILLE RD. V. 72701 VIGIINTYMAR PROJFOI LOCA1DI fARTOr T11E SWT11W E511A ANIkP OW III OI IIIE AIL IIIIASI Q'KII x 7009 QE 0+ SEC I•I THIRIkEN IIii IN TOWNMIIP SI\ lIE MI I N NORIIIM RANEh THIRTY INH WEST. Ml IF PARTNIIAKLI DI V NINEII AN fd.LOWS. TO -WIT EEGNNING AT A POINT III FfET WET CW Till .iEJ AWTNEAST FORMER OF SAIO MIAUI IHM I ANU PHI. AINII I I II AI NrIRTNIYi EAST Ill VPEEi TOAI-IRON STAKE ON Tilt S$ 1111 NE 1W THE RIGIR OF W AY Of STATE HI(NW Al alt! THEM I (MITI Tr V, W ISI 1✓Y W ALANO THE MN ITN FAINT OF WAY I INV I If AID IN(AIW AI, III T EE T NI REZONING REQUEST AN RW STAEE. 711DNCE MIT III C• WEST MOAC. AN F NINTI W II NHI ME 272NET 1V TAP M%IINIINI[N AII) Ii W,Y AI PI I P AC I HUn FO WENT BFINEury EASTI WI HE V HTHWFTIt W NIHIN A II M HE TAMMY ESPINO "ACTEYJNVEYFn RI MAS. NOB A E THOMAS NYO A I AWLIN ANn A II II LAWN. HIS WIFE. SAID DEED RECORDED IC THE PR[RD WAIN AIP PAGE HEILER CAD CONSULTING DATE: 06/03'09 .MI. THENCE EAST I I] • FEET TOTEF MNurI W NF.riNNtNO r(W1 MNh O 129 W SOLES ST. IIACRFS.• F0I IESS.SOMEETTOANY ANn *1.1.EASFMENrS DRWN BY: EIH FAYETTENLLE. AR 72701 DATE: 1•-60 PH 1.479.387.4361 JOB IR: 09-01 RZN09-3344 One Mile View RSF) ESPINO-MADEWELL/ E. HUNTSVILLE SUBJECT PROPERTY) RSF) • ws-i! RPZD RS J • R# • Rd RSFJ RA O RSF4 D'L RSFJRSF RA D -I �! RA RA RSF RA CZ RSF) RMF GI 0.1 RSFa R"A RSF-] RSf 1 R -A RSF-] RSF] R•i44 RSF.] RSF.] RSF-I R& -I RS .] RSF) iJ RSF.] D R -O APRSF) Rpm RSf9 RSF) RA RORA HSFJ YJ CI RSF) RSF RSF R RA FJ FJ RSF RSF) R$fJ RSF) RSF) RA P. RA J F9 R.P OveMew Legend _ •' s —' Subject Property 1.. • F ® RZN09-3344 Boundary r' •J 0 0.25 0.5 1 Miles aA ASFJ RSF.1 RA R RYJ RA J RSF- RSF) I RECEIVED SEP O3 2009 NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION CITY OF FAYETTEVILLE CITY CLERKS OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5266 August 26, 2009 Publication Charge : $ 80.70 0 Signed:---__cdrk __--c�� Subscribed and sworn to before me This3/ day of , 2009. Notary Public (igaAc]I t.1g-t4 My Commission Expires: I)'? it 6, y 2.-_ Donot pay from Affidavit, an invoice will be sent RECEIVED SEP 0 3 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE No. DEER ORDINANCE REZONING THAT PROPERTY •11 i I PRO IN REZONING PETITION LOCATED AT I APPROXIMATELY 0.60 ACRES, LOCATED 5 EAST HUNTSVILLE ROAD FROM RSF-4, RES- VTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TOO - b NEIGHBORHOOD CONSERVATION ARKANSAS IT ORDAINED BY THE CITY COUNCIL THE CITY OF FAYETTEVILLE, ARKANSAS: Ian 1: That the zone classification 01 the tolavnn described is hereby changed properly est T From RSF-4. Residential Single -Family, 4 units per acre to NC. Neighborh d Conservation, as shown on Exhibits'A* and'Battached hereto and made a part hereof. ction 2: That the official zoning map of the City of Fayetteville. Arkansas is hereby amended act the zoning change provided in Section 1 above. .SEED and APPROVED this 16th day of August, 2009. PROVED: ATTEST: By: DNELD JORDAN, Mayor SONDRA E. SMITH, City CbMM inr EXHIBIT -B' THE SOUTHWEST QUARTER (SW Y4) OF THE SOUTHEAST QUARTER (SE Y.1 OF 54 FEET TO AN IRON STAKE ON THE SOUTH LINE OF TI - #16, THENCE NORTH J0°30' WEST ALONG THE SOUTH F 110 FEET TO AN IRON STAKE, THENCE SOUTH 1° WEST FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT ACRES, MORE.OR LESS, SUBJECT TO ANY AND ALL EASEMENTS, I�