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HomeMy WebLinkAboutOrdinance 5432 Klnd: ORDINANCE Recorded: 09/S6/2031 at 01:45:25 PM Fee Amt:" Pace 1 of 3 Washington County. AR Bette Stamps Circuit Clerk F1102011.00025974 ORDINANCE NO. 5432 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3880, FOR APPROXIMATELY 0.10 ACRES, LOCATED AT 736 NORTH GARLAND AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the zone classification of the following described property from RMF-40, Residential Multi-Family, 40 units per acre to CS, Community Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 16th day of August, 2011. APPROVED: ATTEST: By: By: �a"I'du O ELD AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer "aK/TR�nnw',,, :FAYETTEVILLE: %9d,•'9RjtANSA JS'�� "GT�ONasGs�i+`� EXHIBIT "A" RZN11-3880 STEPHENSON Close Up View C-1 HUGHES BT IhM mm n I a .. RSFdsm BERRY ST fid n��p� I _ W SUBJECT PROPERTY f EAGLE ST �UJ NF - l01 �i: t'� .i .Df. ' CLEVELAND ST ,r3 1 •TI I > W Q 40end rara � Multi-Use Trail (Existing) o Future Trails O RZN11-3880 yWootprints 2010 — Hillside-Hilltop Ovi May District Design Overlay Di 3trict Design Overlay Di Arict ------ Planning Area 0 75 150 300 450 600 Fayetteville Feel EXHIBIT "B" RZN 11-3880 PART OF LOT 12, BLOCK 13 OF THE ROSE HILL ADDITION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD BOOK 4 AT PAGE 7 ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW COMER OF LOT 12,BLOCK 13 AS SHOWN ON SAID PLAT RECORD BOOK 4 PAGE 7, THENCE S89°18'44"E 14.04 FEET TO A SET IRON PIN AND THE POINT OF BEGINNING, THENCE S89°18'44"E 85.96 FEET TO A SET IRON PIN, THENCE S 00°02'00" W 50.00 FEET TO A SET IRON PIN, THENCE N89°18'44"W 86.53 FEET TO A SET IRON PN, THENCE NOO°40'56" E 50.00 FEET TO THE POINT OF BEGINNING. Washin¢ton County,AR I1certify this instrument was,filed on 09/1$/2011 01:45:25 PM and recorded in Real Estate File Number 2011-00025974 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/16/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11-3880: (736 N. Garland Ave./Stephenson, 444): Submitted by Brittany Stephenson for property located at 736 North Garland Avenue. The property is zoned RMF-40, Residential Multi-Family, 40 Units per acre and contains approximately 0.10 acres. The request is to rezone the subject property to CS, Community Services. 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 O Ju • ill Previous Ordinance or Resolution# Department DWactor Date Original Contract Date: 7- zq,ear j Original Contract Number: City Attorney(f� Date Ccs Q. _ ct J�a.�N� 7�29'2orrllF1 Finance and Internal Services Director Date Received in City Clerk's Office hief f ff Date EH FdE • Received in �?7 Mayor's Office Mayor ate Comments: Revised January 15, 2009 '017 a e evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE !/ ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Dara Sanders, Current Planner Date: July 28, 2011 Subject: RZN 11-3880 (736 Garland Avenue) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF-40, Residential Multi-family, 40 du/acre, to CS, Community Services. BACKGROUND The subject property is located at the intersection of Garland Avenue and Eagle Street, adjacent to the University of Arkansas campus. Surrounding land uses and developments include Leverett Elementary, the new University of Arkansas Garland Center shops and parking garage, and the "Maple Hill" University residence hall. The 0.1-acre tract is zoned RMF-40, Residential Multi-family, 40 du/acre and is currently developed for a small single family home constructed in 1956. Staff finds that the proposed zoning is needed in order to allow for the continued use of the property for a single-family dwelling and the future redevelopment of property. The subject property contains approximately 4,250 square feet, which does not meet the minimum lot size requirements for any use in the underlying RMF- 40 zoning district; as a result, even the existing single-family home is considered "nonconforming". The CS district would allow for the maintenance of the existing single-family home and for the future redevelopment of the property. Even under the CS zoning district, the future redevelopment of the subject property would be limited in residential density and/or nonresidential intensity due to the size of the lot and the requirement of the Unified Development Code(parking, greenspace, landscaping, etc). DISCUSSION On July 25, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval for the CS, Community Services zoning district with a vote of 7-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3880, FOR APPROXIMATELY 0.10 ACRES, LOCATED AT 736 NORTH GARLAND AVENUE FROM RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE, TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the zone classification of the following described property from RMF-40, Residential Multi-Family, 40 units per acre to CS, Community Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3880 STEPHENSON Close Up View FI Hl1GHES ST I + �ywi r',• RQ Jzw dr TSI ._ BERRY ST ASFd _T� L SUBJECTPROPERTY Enda sT CLEVELANDST -.. Ile? ............. Multi-Use Trail (Existing) Future Trails O RZN11-3880 - I„Footprints 2010 - Hillside-Hilltop Ov, rlay District Design Overlay Di strict Design Overlay District ------ Planning Area Fayetteville 0 75 150 3w 460 eoFe� EXHIBIT `B" RZN 11-3880 PART OF LOT 12, BLOCK 13 OF THE ROSE HILL ADDITION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD BOOK 4 AT PAGE 7 ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW COMER OF LOT 12, BLOCK 13 AS SHOWN ON SAID PLAT RECORD BOOK 4 PAGE 7, THENCE S89°18'44"E 14.04 FEET TO A SET IRON PIN AND THE POINT OF BEGINNING, THENCE S89°18'44"E 85.96 FEET TO A SET IRON PIN, THENCE S 00°02'00" W 50.00 FEET TO A SET IRON PIN,THENCE N89°18'44"W 86.53 FEET TO A SET IRON PN, THENCE NOO°40'56" E 50.00 FEET TO THE POINT OF BEGINNING. Tay • eevl e PC Meeting of July 25, 2011 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: Dara Sanders, Current)Tanner THRU: Jeremy Pate, Development Services Director DATE: July 19, 2011 RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444): Submitted by BRITTANY STEPHENSON for property located at 736 NORTH GARLAND AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS/ACRE and contains approximately 0.10 acre. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject property is located at the intersection of Garland Avenue and Eagle Street, adjacent to the University of Arkansas campus. Surrounding land uses and developments include Leverett Elementary, the new University of Arkansas Garland Center shops and parking garage, and the "Maple Hill" University residence hall. The 0.1-acre tract is zoned RMF-40, Residential Multi-family, 40 du/acre and is currently developed for a small single family home constructed in 1956. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Multi-family dwellings RMF-40,Residential Multi-family,40 du/acre; CS, Community Services South City of Fayetteville Fire Station#2 P-1, Institutional East City of Fayetteville Fire Station#2 P-1, Institutional West Leverett Elementary P-1, Institutional Proposal: The applicant has submitted an application to rezone the property from RMF-40, Residential Multi-family, 40 du/acre, to CS, Community Services. In her letter, the applicant explains that the reason for this request is to allow for the redevelopment of the property for a use other than a single-family home. Public Comment: Staff has not received public comment. RECOMMENDATION: Based on the findings herein, staff recommends that the Planning Commission forward RZN 11- 3880 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: July 25,2011 ❑ Tabled ❑ Forwarded ❑ Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Garland Avenue. Garland Avenue is a fully improved divided four lane state highway in this location. Water: Public water is available to the property. There is an 8"water main along the north side of Eagle Street. Public water main improvements may need to be extended onto the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available near the site. There is an 8"public main located 50' east of this property. Public mains will need to be extended to the property to serve any proposed development. The capacity of the existing mains may need to be evaluated with any proposed development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does not believe this development will affect calls for service. Fire: The Fayetteville Fire Department does not believe this development will affect calls for service or response times. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. 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 subject property is surrounded by uses associated with or supported by the University of Arkansas, which include a Fayetteville public elementary school, University housing, privately owned single- and multi-family structures, retail, and public services. Several of the surrounding properties have been redeveloped recently in an urban form to include multiple story buildings that are located close to the street and are designed to primarily accommodate the needs of the pedestrian. Staff finds that the applicant's request to rezone the property from a form- based, residential zoning district (RMF-40) to a form-based, mixed use zoning district (CS) is consistent with the City's planning objectives and principles, and Future Land Use Plan. The CS district would allow for a variety of residential and nonresidential uses on the property, which is consistent with the City Neighborhood Area land use designation. Staff finds that the uses, urban form, and design regulations associated with the CS district would be consistent with and contribute to the uses and redevelopment trend in the immediately surrounding area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed in order to allow for the continued use of the property for a single-family dwelling and the future redevelopment of property. The subject property contains approximately 4,250 square feet, which does not meet the minimum lot size requirements for any use in the underlying RMF-40 zoning district; as a result, even the existing single-family home is considered "nonconforming". The CS district specifies a minimum lot width of 18 feet for a dwelling, does not require a lot area minimum for any use, and allows for 4-story buildings; therefore, the existing single-family dwelling would be considered "conforming" if the property is rezoned to CS, which would allow for the continued use and maintenance of the single-family dwelling and for the redevelopment of the property for additional dwelling units or nonresidential services. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Redevelopment of the subject property for a use greater than a single-family dwelling would likely result in an increase in traffic to and from the property; however, staff does not find that the request would create or increase traffic danger and congestion due to the size of the property. While there are no density limitations or minimum lot/land area requirements in the CS district, the parking, design, development, and access regulations of the Unified Development Code would significantly limit the use of the property to small scale multi -family, retail, or office uses. 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: As discussed in the above finding, the size of the subject property and the regulations of the Unified Development code significantly limit the use and redevelopment possibilities; therefore, staff does not find that the request would result in an increase in demand for public services. Comments from the Fayetteville Engineering Division, Police Department, and Fire Department are included on pages two and three of this report. Adverse impacts to public services are not anticipated. 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 approval of the applicant's request. 161.15 District RMF-40, Residential Multi -Family — Forty Units Per Acre (A)Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density muni- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Sin le-famil dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unil26 Multi -family dwellings (2) Conditional uses. Unit 2 1 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 1 Wireless communications facilities (C) Density. Units per acre 1 40 or less (D)Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft Single-family 60 ft Two-family 60 ft Three or more 90 ft Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6.000 sq. ft. Two-family 6,500 s . ft. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home park 3.000 sq. ft. Townhouses & Apartments No bedroom 1,000 sq. ft One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback requirements. Front Side Rear The principal 8 ft. 20 ft. fagade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Cross references) --Variance, Ch. 156, (F) Building height regulations. 11 Building Height Maximum 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H)Minimum buildable street frontage. 50% of the lot width. 161.19 Community Services when combined with pre -approved uses. (A)Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 1 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D)Bulk and area regulations. (1) Lot width minimum. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: The principal facade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a residential district: (F) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (G) Minimum buildable street frontage. 65% of the lot width. Written description of rezoning request: a. Current ownership of the property is under Brittany Stephenson, Kerry Workman, and Robin Workman. There are proposed or pending property sales. b. The reason for requesting the zoning change is that the owners feel the existing building does not efficiently use the land space. c. The proposed rezoning will allow for a new building that conforms- in terms of land use, traffic, and appearance-- to most other properties in the area. If approved, the new building will allow for a more efficient usage of the land (i.e. greater population density). We do not anticipate utilizing signage on the property, aside from temporary "rent signs". If approved, the new building will be built to modern standards of "high efficiency", as well as built with the hope of bringing aesthetic appeal to north Garland Ave. d. The size of the available state sewer line is 8 inches. Please see enclosed map labeled "D" for more detail. e. The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. 736 N. Garland is currently a single family united nestled in the middle of 2 apartment complexes, fire station 2, and Leverett Elementary School. The house is half a century old. If approved, the rezoning will allow the property to better conform to the community service facilities in the area. f. The proposed zoning is justified by the predicted increase in enrollment at the University of Arkansas. Our goal is to create more housing opportunities for students. g. There will he a slight population increase but not enough to impede traffic or cause congestion. h. There will be a slight population increase but not enough to undesirably alter the load on public services. We do not anticipate families with school -aged cluldren occupying the living space. We do not believe that the increase in population density will be sufficient to appreciably increase the load on water and sewer facilities. i. The single-family unit is not the most efficient usage of the land: therefore, it is impractical to continue under existing zoning classifications. The existing building, despite recent improvements, is not practical or efficient according to today's standards. While we intend to bring aesthetics, efficiency, and a conforming community service to the neighborhood, under the current zoning, we are unable to build anything. The current zoning is RMF-40. The current house is non -conforming. GARLAND AVENUE ASPHALTED SURFACE SIDEWALK O� 2007R i �1` 00'40'S6' w 50.00' Z �95 w ti M r5 W.D. 2002-55645 sD Z m N O b to � yy� £ mm O � � K !9 N 41 o� o- Sm O N m ° DRIVE w2i 50.00' S W02'00' W ASPHALTED DRIVE m ¢ X O A m ^ 4 V a _ W gig gDONmS�nD TA y � W i [•1C �..�-1 �O G`J .� ...... p� SOpA n rF. m M O �� .� /m0 a mZT mmZmmZ ZO A �A m� ma ^i XAN : Cle K y.V Apam=JC NE p IF�c� C 1 r O j ZZ�y�p:11gZ4 m V t o 0 0 Z .. w 0$ RZN11-3880 STEPHENSON Close Up View an HUGHESST = APIE , .y ix W SERRYST R' PSFa v, a SUBJECT PROPERTY �" ! = J 1' ' EAGLE ST I �( CLEVELAND Sr ke?end ............. Multi -Use Trail (Existing) 1..,,,... Future Trails RZN11-3880 .Footprints 2010 — Hillside -Hilltop Ovi irlay District (_ _! Design Overlay Di trict Design Overlay Di drict ------ Planning Area 0 75 150 300 450 600 Fayetteville F i� W - Y EM-. 37f - RZN11-3880 STEPHENSON One Mile View i;� „t_ ELM ST `:. ellj.> .`�d O B �IE.lo R3; �, O'P�L�.B.M r �LRSF-qWj I BELAF bR i mot' " °0-, rc g iST 'dto m 2 _H "asp RliF' F.: I Po.�@• -ai Rsry DA _ Q ASH ST E. ■ 3'.�€. fr '== ` " Rec< p fmrm a� 1 - P RSF I IN ¢ 01`.FFELLR $ C„SF RSF< WiQa LLI` / �._yµ1 R1 .RSFa SKYLERD w, •l. 'aya HENppI ... F9FrS ..iA..aVIV ST pgRwR10 HOLL Si °0 P9Fa 'q.o CErWsr U v >sPF I SUBJECT PROPERTY HA ST a � RSF< RSFe wu OILY 8T P,SPIA LN ORA DR _ R. ERRi'ST Ei �Cr q. ,Oa It AbAM53T >�"++ Pff-1° RARa R W Ya �VYI'HURH ST .N CLS Pap ��p0r asr4 4 .PROSPECT 9T SAM W4 L• •NaR Rom• �.,� ¢ M17 j� RrLtffi, Louise ST RsFd RD I p1 R ALLEYEy 223 0-'Cl DR RSF , P 1 wmS• ..,. 'R1/M. R1 O,Q STC Overview Legend r F Subject Property ORZN 11-3880 �t v, ! Boundary .'1 0 0.25 0.5 Al M, Rz 1-3880 Desi In Overlay District Plan iing Area FayE tteville 1 �Mles ST I RZN 11-3880 Future Land Use Legend ••••••••• Multi -Use Trail (Existing) ...•.• Future Trails Q RZN11-3880 FUTURE LAND USE 2025 CQASS Natural Area Rural Area Residential Neighborhood Area - City Neighborhood Area - Urban Center Area OM"6mplete Neighborhood Civio and Private Open E - Civic institutional Non -Municipal Goverrlmr ROW Design Overlay Disinct Design Overlay District ----• Planning Area STEPHENSON SERRYST SUBJECT PROPERTY HUGNES ST z EM EAGLE ST s 0 75 150 300 450 600 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NBVSPAPE16LLC THE MORNING ARKANSEWS OFAS ROGERSTIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5432 Was inserted in the Regular Editions on: September 1, 2011 Publication Charges: $77.82 Cathy Wiles Subscribed and sw to before me This g' day of j 2011. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 09 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE