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:
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EXHIBIT "A"
RZN11-3880 STEPHENSON
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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
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------ Planning Area
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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.
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Future Land Use
Legend
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...•.• 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
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Design Overlay Disinct
Design Overlay District
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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