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HomeMy WebLinkAboutOrdinance 5349 IiiVilli�lliiliillliiililliiilidiliiililhiillfiiiillllllllllllllllll Doo- ID: 013696300003 Type. REL Kind: ORDINANCE FeeoAmt: $25.0/Pace St of2320:48 PM Mashinoton Countv. AS Bette at amps Circuit Clerk Fi1e2010-00030351 ORDINANCE NO.5349 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3625,FOR APPROXIMATELY 2.25 ACRES,LOCATED ON THE SOUTH SIDE OF PERSIMMON STREET, NORTHWEST OF OWL CREEK ELEMENTARY SCHOOL FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO P-1,INSTITUTIONAL 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 RSF-4, Residential Single-Family, 4 units per acre, to P-1, Institutional, 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 7s'day of September,2010. APPROVED: ATTEST: By: O LD JO ,Mayor SONDRA E. SMITH,City-Clerk/Treasurer "JK/T5,, s ; FAY ETTEVILLE• '�,9sy RKANSPpJ= ''ae�"NGTONeG°te*° I certify thisinstrument was tiled on 10/14/2010' 02:20:48 PM and recorded in Real Estate File Number 2010-00030351 Bette Stamps- Circuit CI k4 EXHIBIT "Al" RZNIO-3625 CEDAR CREST ACADEMY Close Up View a npi LOFTY WOOD DR T(H �OOw�NDS OR Fc2o wM AG: DR �e � ALLEY 620 RPM v N w j U J ' S J 2 PUTTING GREEN OR Rpm N < v zv 3 v i SUBJECT PROPERTY it WEDGEOR IMARLOWE APO Rezo _. ALLEY ALLEY 610"; -- PER9IMMONST., nsra F1 Rsr.4 MOUNTAIN VIEW OR. rssra Rh ASf r k D10vc Legend Muti-Use Trail( xjsting) Future Trails, � fl9F-e �r RZN10-3625 ,,M.Footprints 2010 Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area Fayetteville 0 ao 300 600 900 0081 EXHIBIT "B" RZN 10-3625 A PART OF LOT 3 OF CROSS KEYS SUBDIVISION PHASE 21N FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND ALSO BEING A PART OF THE NEIA OF THE NW 1/4 OF SECTION 13, TI 6N, R31 W AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 3 THENCE S02°50'19W 18.70 FEET, THENCE S40013'06"W 385.17 FEET, THENCE N87°09'41"W 213.97 FEET, THENCE NO2°50'19"E 299.51 FEET, THENCE S87°04'20"E 428.00 TO THE P.O.B.; CONTAINING 2.25 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/7/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 10-3625: (Cedar Crest Academy, 478): Submitted by Dave Jorgensen for property located on the south side of Persimmon Street, northwest of Owl Creek Elementary School. The property is zoned RSF-4, Residential Single- Family, 4 units per acre, and contains approximately 2.25 acres. The request is to rezone the subject property to P-1, Institutional. 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 11�L.' -(� i Previous Ordinance or Resolution# Department Di ctor Date Original Contract Date: 10 Original Contract Number: City Attorney Date R.J Q . [�..� 13 12.2Alo Finance and Internal Services Director Date Received in City Clerk's Office 0a_t 10AO9 2G R C V D {��� Chie'#of St Date Received in Mayor's OfficeL11D3 N3 Ma r Da e Comments: Revised January 15, 2009 THE CITY OF FAYE I I EVILLE,ARKANSAS ,;ay;e 'Me DEPARTMIPNTCORRGSPONDENCE A AK AN ,!, CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: August 11, 2010 Subject: RZN 10-3625 Cedar Crest Academy RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance to rezone the Subject property from RSF-4, Residential Single Family Four Units Per Acre to P-1, Institutional (RZ,N 10-3625). BACKGROUND The subject 2.25-acre property is located southwest of the intersection of Rupple Road and Persimmon Street, between Owl Creek Elementary School and the Gardens on Persimmon Nursing Home. The site is undeveloped and is adjacent to Owl Creek and its associated floodplain along the eastern and southern portions of the site. The applicant requests to rezone the property from RSF-4, Residential Single Family Four Units Per Acre to P- 1, Institutional in order to allow for the development of a private school on the site. A private school is allowed by conditional use permit in the RSP-4 zoning district; however, as indicated in the applicant's letter, the City sign ordinance would not permit a sign in the RSF-4 zoning district. In addition, where the Future Land Use Plan supports the land use, rezoning property to fit the intended use as a permitted use rather than a conditional use is in accordance with the City's adopted policies. DISCUSSION On August 9, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 6-0-1 (Lack recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3625, FOR APPROXIMATELY 2.25 ACRES, LOCA"T"ED ON THE SOUTH SIDE OF PERSIMMON STREET, NORTHWEST OF OWL CREEK ELEMENTARY SCHOOL FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO P- 1, INSTITUTIONAL 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 RSF-4, Residential Single-Family, 4 units per acre, to P-1, Institutional, 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 I above. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" RZN 10-3625 A PART OF LOT 3 OF CROSS KEYS SUBDIVISION PHASE 2 IN FAYETTEVILLE, ARKANSAS, AS PER PLAT ON FILE IN THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND ALSO BEING A PART OF THE NEI/4 OF THE NWI/4 OF SECTION 13, '1-16N, R31 W AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 3 THENCE S02050'19W 18.70 FEET, THENCE S40°13'06"W 385.17 FEET, THENCE N87009'41"W 213.97 FEET, THENCE NO2-50'I 9"E 299.51 FEET, THENCE S87004'20"E 428.00 TO THE P.O.B.; CONTAINING 2.25 ACRES MORE OR LESS SUI3JECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. T ftkftftt aye t— le «I PC Meeting of August 9, 2010 I Iil_: CI'l'Y OF 1 Al's"1'TFVILLEi. ARKANSAS 125 W. Mountain St. 1'ayettevillc,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-5267 TO: Fayetteville Subdivision Committee FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: ^' � �n'n Updated August 10 2010 RZN 10-3625: Rezone (CEDAR CREST ACADEMY/PERSIMMON, 478): Submitted by DAVE JORGENSEN for property located on the SOUTH SIDE OF PERSIMMON STREET, WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-4, SINGLE FAMILY - 4 UNIT/ACRE and contains approximately 2.25 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Andrew Garner BACKGROUND: Property Description. The subject 2.25-acre property is located southwest of the intersection of Rupple Road and Persimmon, between Owl Creek Elementary School and the Gardens on Persimmon Nursing Home. The site is undeveloped and is adjacent to Owl Creek and its associated floodplain along the eastern and southern portions of the site. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Ru le Row single family subdivision R-PZD South Undeveloped/Owl Creek floodplain R-A East Owl Creek Elementary School/Owl Creek floodplain R-A West Gardens on Persimmon Nursin r Home RSF-4 Request: The applicant requests to rezone the property from RSF-4, Residential Single Family Four Units Per Acre to P-1, Institutional in order to allow for the development of a private school on the site. A private school is allowed by conditional use permit in the RSF-4 zoning district; however, as indicated in the applicant's letter, the City sign ordinance would not permit a sign in the RSF-4 zoning district. The applicant's primary reason for the rezoning is to allow for a school with a sign by right. Public Comment: Staff has not received public comment. G:IETCI Development services Review120101Uevelopmenl RevieivV 03625 PZN 1'ersin iron.St.Cedar Cresl Acadenryl03-Planning Comnrission108-09-101Conunervts and Redlines RECOMMENDATION: Staff recommends forwarding the rezoning request (RLN 10-3625 Cedar Crest Academy) to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES - Date: August 9, 2010 ❑ Tabled X Forwarded ❑ Denied Motion: Kennedy Second: Hoskins Vote: 6-0-1 (Lack recused) CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: A INFRASTRUCTURE: Streets: The site has access to Persimmon Street, a Collector Street, Persimmon Street is a fully improved two lane city street in this location. Street improvements will be evaluated with development submittal. Water: Public water is available to the property. There is a 12" public main located along the south side of Persimmon Street in front of this property. Public water main improvements 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 an 8" public main located along the south side of Persimmon Street directly in front of this property. The existing sanitary sewer may need to be analyzed to ensure that it has adequate capacity to serve a future development on this lot. Public mains may need to be extended through the property to serve any proposed development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100-year floodplain associated with Owl Creek, Fire: This development will be protected by Engine 7 located at 835 N. Rupple Road. It is approximately one (1) mile from the station with an anticipated response time of two (2) minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect calls for service or response times. G:IETCI Development Services Revieu,I20101Development Revieivll0-3625 PZN Pershnnion SL Cedar Crest Acadenry103-Planning CounnisshinI08-09-1OIConnnents and Redlines Police: It is the opinion of the Fayetteville police Department that this rezoning will not create an appreciable increase in traffic problems or load on police services. CITY PLAN 2025 FUTURE LAND USE PLAN: City flan 2025 Future Land Use Plan designates this site as Civic Institutional Area, which are dedicated for buildings generally operated by not- for-profit organizations dedicated to culture, government, education or transit and municipal parking. These areas encourage the establishment of civic institutional areas in locations that would serve large concentrations of'Payetteville citizens. 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 P-1, Institutional, zoning is consistent with the City's Institutional Area land use designation that dedicates these areas for institutional uses that would be permitted under the proposed P-1 zoning. Based on the City's adopted land use planning objectives and principles, staff finds that the subject property, in close proximity to an elementary school, a nursing home, a community center, and a single family neighborhood, would be appropriately regulated under the P-1 zoning district and would contribute to the development of this area as an institutional cluster providing public institutional services to the needs of citizens on the west side of the City of Fayetteville. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The subject property could be developed under the current RSF-4 zoning, however, a number of residential neighborhoods have been developed along the Wedington Avenue/State Highway 16 corridor west of I-540 over the past 10 years. This resulted in a large number of residents in this area without adequate public services in close proximity to their homes. This deficiency in non- residential services was identified as part of City Plan 2025. The Future Land Use Plan therefore identified several areas for non-residential services on the west side of the City. The subject property was identified as a node for institutional services around the Rupple Road/Persimmon Road intersection. Rupple Road is a Principal Arterial Parkway and Persimmon Road is a Collector Street. The subject property is located between two existing institutional uses but is zoned RSF-4, Residential Single Family Four Units Per Acre. The proposed zoning to P-1, Institutional is justified in order to be consistent with the Future Land Use Plan and in order to permit development of the property for institutional uses by right. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning from RSF-4 to P-1 would result in the potential for an increase in G:IETCIDevelopment Services Revleiv120101Developn+ent Revierv110-3625 PM Persimmon St.Cedar Crest Aeademy103-Planning Commission108-09-1 OICommems and Redlines traffic compared with that allowed under the existing zoning. However, the street system in the surrounding area has been improved and is planned to accommodate large volumes of traffic with Rupple Road being a Principal Arterial Parkway and Persimmon Street being a Collector Street. Rupple Road is planned to be extended south from Persimmon Street south to Martin Luther King Boulevard over the next few years as part of the Bond Program Street Projects. This street extension will provide an additional north-south connection that is needed in this area. T'he surrounding street system is capable of supporting additional traffic that would be generated by the proposed zoning. 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 finds that the proposed zoning would not create undesirable impacts to public services, or a 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 change in zoning to P-1, would not permit uses that would adversely impact public services. Increased load on public services were taken into consideration and recommendations from the Engineering, Police, and Fire Departments are included in this report. 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: Not applicable. Staff recommends in favor of the requested zoning. G:IEXIDevelopment Services Revieiv120101Development Revieiv110-3625 PZN Persinunon St.Cedar Crest rlcadenry103-Pluming Comaission108-09-1 MComments and Redlines Fayetteville Unified Development Code 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 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 city-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 city-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8.000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. G tETCIDevelopment Services Reviead20101Development Revieu,110-3625 PZN Persimmon Si. Cedar Crest dcademyl03- Planning Commiss1on108-09-1010 onrments and Red/mesh 0-3625 PLNG Commenls.doc Front Side Rear 15 ft. 5ft. 15ft. (F) Building height regulations. Building Height Maximum I 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (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; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; (3rd. 5128, 4-15- 08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10) G: IETCI Development .Services Reviev420101Development Revierv110-3625 PZN Persim,non St. Cedar Crest Academy103- Planning Commission108-09-l01Comments and Redlinesl/0-3625 PLNG Comments.doc Fayetteville Unified Development Code 161.29 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 1 Government facilities (2) Conditional uses. Unit 2. City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft. Front, if parking -is allowed between the right- of -way and the building 50 ft. Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P-1 Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G)Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. G: IElCIDevelopment Services Reviem120101Development Review110-3625 PZN Perrinnnon St. Cedar Crest Acadenn,103- Planning Comm i.ssionl08-09-I01Comments and Redlines\10-3625 FL/IC Comments doc July 28, 2010 Jeremy Pate Development Services Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This letter is in reference to RZN 10-3625 (Cedar Crest Academy/Persimmon, 478): submitted by Dave Jorgensen for property located on the South Side of Persimmon Road, West of Owl Creek Elementary School. It is my understanding this property is being considered for a small private school. I do not believe this usage will cause any traffic problems or substantially impact the load of police services. Sincerely, Captain William Brown Fayetteville Police Department To: Andrew Garner, Dara Sanders From: Terry Lawson, Fire Marshal Date: Re: RZN 10-3625 RZN 10-3626 RZN 10-3625: Rezone (CEDAR CREST ACADEMY/PERSIMMON, 478): Submitted by DAVE JORGENSEN for property located on the SOUTH SIDE OF PERSIMMON ROAD, WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 2.25 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Andrew Garner This development will be protected by Engine 7 located at 835 N. Rupple Rd. It is approximately 1 miles from the station with an anticipated response time of 2 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. RZN 10-3626: Rezone (NORTHWEST CORNER HWY. 45/BOX AVE, 372): Submitted by H2 ENGINEERING, INC. for property located at THE NORTHWEST CORNER OF HWY 45E & BOX AVENUE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.20 acres. The request is to rezone the property to CS, Community Services. Planner: Dara Sanders This development will be protected by Engine 5 located at 2979 N. Crossover. It is approximately 1.2 miles from the station with an anticipated response time of 2 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. Terry Lawson, Fire Marshal Fayetteville Fire Department JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 At: Jesse Fulcher Re : Rezoning for Private School Dear Jesse; FAYETTEVILLE, ARKANSAS 72703 ' (479) 442-9127' FAX @79) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 6/23/10 Attached please find the information pertaining to a rezoning request for a private school. The present zoning is RSF-4 and the developer would like to rezone this property from RSF-4 to P-1. This will allow a private school with a sign by right. The approximate size of the proposed building is 14000 sf. Owl Creek Elementary School is located to the east and the Gardens on Persimmon are located 300' to the west. (This is the nursing home). The architectural style of this building will be brick exterior and will be compatible with the surrounding area and we believe this facility will not be detrimental to the surrounding area. There is an existing 12" waterline and an 8" sewer along the south side of Persimmon Street. Access to this building will be from Persimmon Street. The entire parcel of property is owned by McBryde Family Limited Partnership which consists of 4.41 acres and we are requesting this rezoning on the eastern portion only which consists of 2.25 acres. If this property is rezoned to P-1 we will proceed with the lot split and large scale development. The property to the north is Rupple Row Subdivision (A PZD) on the north side of Persimmon Street and the property immediately to the west is RSF-4. This rezoning request is for P-1 and only for this private school. Please review and call concerning any questions you may have. Thank you. Sincerely; diLa David L. Jor ensen, P.E. ' PUBLIC WORKS ' LAND DEVELOPMENT ' WATER SYSTEMS WASTEWATER SYSTEMS ' LAND SURVEYING RZN 10-3625 Close Up View CEDAR CREST ACADEMY $2 wZip rLAc oli+, 5. ss fl RPZD yPUTTINGGREEN OR r iffi' Rd4 f R i Y 1_. $d31 F P ygn,• .isk: 7 AI KPZD a a € .I SUBJECT PROPERTY WEDGE DR MARLO ALLEY o Hillside -Hilltop [__J Design Overlay 4 Design Overlay ------ Planning Area Fayetteville y' V District 0 150 300 600 900 1,200 Feet lMOUNTAIN VIEW OR N90.+ aesa 0r P1 .. OHO / rJ'f 1Ci , �-L 1 �'t �Mg Yajy° �v fyQ ((11 r W� 1 Y: �° bC; �.. :.' iii _ 4 is H:Pia 4 Iw 1y ,( •[' Try k ..r «...E. F t .Y�'P�i�.4'�,a� � � �nl'C .: '.-� ..,r!z•.sn �e,.y�,p 'z4 t4crJ:*:d!wets4t}-',h NORTHWEST ARKANSAS NEWSPAPERS Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED OCT 01 2010 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance No 5349 September 16, 2010 Publication Charge : $ 90.79 Signed:----�-_G_--- Subscribed and worn to before me ThisZr,` ay of.&4_ , 2010. Notary Public �sPua'— LYNCH ka Notary public-ArkCnsas My Commission Expires: E Washington County PAy Commission Expires 10-28.2018 omml5slAn # 1 236841 Do not pay from Affidavit, an invoice will be sent ORDINANCE NO. $349 AN ORDINANCE °G e evl le THATPROPERTY DESCRIBED IN REZONING PETITION RZN 10-3625, . FOR APPROXIMATELY 2.25 ACRES, ARKANSAS LOCATED ON TIM SOUTH SIDE. OF PERSIMMON STREET, NORTHWEST OF, OWL CREEK ELEMENTARY SCHOOL FROM RSF-4, RESIDENTIAL SINGLE- . FAMILY4 UNITS-PERACRE; TO P -I, INSTITUTIONAL BE IT ORDAINED BY THE CITY COUNCIL OF THE: CITY OF FAYETTEVILLE, ARKANSAS: sc44 L1: 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 P -I, Institutional, as shown on Exhibits "A" and "B"attached hereto and made a part hereof. $ffittio9_2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided inSecI above. - PASSED and APPROVED this 7° day of$eptembe, 2010. APPROVED > ATTEST: By: .. rr... rvr toss ordinance may be viewedin the office of the City Clerk/Deasue