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HomeMy WebLinkAboutOrdinance 5649I1!!1!!1!I!I! 111 II III!!!!I 111 11II1IllI! IIIII111111llUllll l�Il I I11I11111III RDac ID: 015672796009 Type; REL ecorded. OiNCE �^„ mt: $25'.00 P..Y at 10:11:01 AM Washlnpeeqton CountYaRARt I of Kyle Sylvester Cl3 ro File 2014 -00001958 uiClerk 00001 95 8 ORDINANCE NO. 5649 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4548, FOR APPROXIMATELY 19.61 ACRES, LOCATED AT THE SOUTHEAST CORNER OF I-540 AND WEDINGTON DRIVE FROM C-2, THOROUGHFARE COMMERCIAL, TO UT, URBAN THOROUGHFARE 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 hereby changes the zone classification of the following described property from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare, 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 7t11 day of January, 2014. On ATTEST: By: An"4"- Z ? sdk SONDRA E. SMITH, City Clerkfrreasurer cps`\�F,K lrTnF`i�. EXHIBIT "A" EXHIBIT "B" RZN 13-4548 REZONING LEGAL DESCRIPTION: LOTS 1-7 AND LOT 9 OF MCMILLAN ESTATES IN FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 01/27/2014 10:11:01 AM and recorded in Real Estate File Number 2014-00001958 Kyle Sylvester- Circuit Clerk by 1 `- City of Fayetteville Item Review Form 2013-0236 Legistar File Number 01/07/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Andrew Garner Development Services Submitted By Department Action Required: RZN 13-4548: Rezone (MCMILLAN ESTATES, 441): Submitted by JORGENSEN AND ASSOCIATES for property located at the SOUTHEAST CORNER OF 1-540 AND WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.61 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Does this item have a cost? = Cost of this request Account Number Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Comments: *bw. V20130812 6-10-1 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Gamer, City Planning Director Date: December 16, 2013 Subject: RZN 13-4548 (MCMILLAN ESTATES) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the property to UT, Urban Thoroughfare. The subject property is located at the southeast comer of I-540 and Wedington Drive. The property contains 19.61 acres and is zoned C-2 Thoroughfare Commercial. In 2002 this property was developed and subdivided into nine commercial lots with all public infrastructure in stalled including two internal streets (McMillan Drive and Pam Angus Drive), utilities, and street lights. The request is to rezone the 19.61 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. Staff has received some phone calls from interested property owners in the area, with no objections to the proposal. City Plan 2030 Future Land Use Plan designates this site as Urban Center Area. These areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. On December 9, 2013 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4548, FOR APPROXIMATELY 19.61 ACRES, LOCATED AT THE SOUTHEAST CORNER OF 1-540 AND WEDINGTON DRIVE FROM C-2, THOROUGHFARE COMMERCIAL, TO UT, URBAN THOROUGHFARE 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 hereby changes the zone classification of the following described property from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare, 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 APPROVED: By: LIONELD JORDAN, Mayor day of 2013. ATTEST: to SONDRA E. SMITH, City Clerk/Treasurer RZN 13-4548 Close Up View i 1 ;1 S� EXHIBIT "A" MCM[LLAN ESTATES RMF -4 PRIVATE 1227 VALLEY OR SUBJECT PROPERTY I}lllulti-Use Trail Lli(Existingy'�{ •,�iFuture Trails N= �XW,JAVFayetteville City I -i its RZN13-4548 Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Ditrict 0 150 300 wo Boo 1,200 ------ Planning Area Feet 0 RSK4 Q RA S rl � I RSK4 EXHIBIT "B" RZN 13-4548 REZONING LEGAL DESCRIPTION: LOTS 1-7 AND LOT 9 OF MCMILLAN ESTATES IN FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. Tayet eville ARKANSAS fl[E CITY OF FAYEF(EVILLL-, ARKANSAS PC Meeting of December 9, 2013 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director DATE: December- Updated December 10, 2013 125 W. Mountain St. Fayetteville, AR 72701 :phone: (479) 575-8267 RZN 13-4548: Rezone (MCMILLAN ESTATES, 441): Submitted by JORGENSEN & ASSOCIATES for property located at the SOUTHEAST CORNER OF I-540 AND WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.61 acres. The request is to rezone the property to UT, Urban Thoroughfare. Planner: Andrew Gamer BACKGROUND: Property and Background: The subject property is located at the southeast corner of I-540 and Wedington Drive. The property contains 19.61 acres and is zoned C-2 Thoroughfare Commercial. In 2002 this property was developed and subdivided into nine commercial lots with all public infrastructure in stalled including two internal streets (McMillan Drive and Pam Angus Drive), utilities, and street lights. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundina Land Use and Zonina Direction Land Use Zoning from Site North Commercial; Multi -family resid�ntlal;C-2 Thoroughfare Commercial; RMF -24, Residential Multi -family; Single-family residential RSF-4, Residential Single-family South Rural residential RSF-4, Residential Single-family East Rural residential R-0, Residential -Office; RSF-4, Residential Single-family West 1-540 transportation corridor RMF -24, Residential Multi -family; C-2, Thoroughfare Commercial Request: The request is to rezone the 19.61 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. Public Comment: Staff has received some phone calls from interested property owners in the area, with no objections to the proposal. RECOMMENDATION: Staff recommends forwarding RZN 13-4548 to the City Council with a recommendation for approval based on findings stated herein. G:IETCIDevelopmein Services Reviervp0131Developmenl Revieivll3-4548 RZN Eside Wedington 1-540 McMillan Estates (James Family Paraters)103 Planning CommisstonU2-09-20131Commenls and Redlines PLANNING COMMISSION ACTION: Required YES Date: December 9, 2013 O Tabled X Forwarded O Denied Motion: Chesser Second: Pennington Vote: 8-0-0 Note: Forward with recommendation for approval CITY COUNCIL ACTION: Required YES O Approved O Denied Date: INFRASTRUCTURE: Streets: The site has access to Wedington Drive, a Principal Arterial, as well as the interstate `access' road Futrall Drive, a Collector. Wedington Drive is a five lane road with curb/gutter and storm drainage. Any required improvements to these roads would be determined at the time of development. Water: Public water is available to the property. There is an 8" water main along McMillan Dr. which was installed as a part of the original subdivision improvements. Sewer: Sanitary sewer is available to the site. There is an 8" sewer main along McMillan Drive which was installed as a part of the original subdivision improvements. Drainage: Standard improvements and requirements for drainage will be required for any re- development. This property is affected by the 100 -year floodplain and the Streamside Protection Zones. A lot within this subdivision (along the North) contains an altered channel to convey a stream through the site. Fire: This development will be protected by Engine Two located at 708 N. Garland. It is one mile 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 calls for service or response times. Police: The Police Department made no comment. G: IETCIDevelopme+nt Services Review120131Developmen! Revieiv113-4548 RZNS side Wedington 1-540 McMillan Estates (James Family Pariners)103 Planning CommissionV2-09-20131Conuaents and Redlines CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Urban Center Area. Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile - dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed-use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public FINDINGS OF THE STAFF 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 Urban Thoroughfare zoning district is very consistent with land use planning objectives, principles and policies. This district will allow a variety of land uses, densities and intensities to be developed on the property, consistent with the Urban Center Area designation. This includes potential commercial or multi -family uses fronting Wedington Drive, and medium to high density residential uses interior to the site. Further, the Urban Thoroughfare zoning district will allow as -of -right development consistent with the growth and development guidelines of City Plan 2030, including a traditional development pattern that allows multiple land uses that can serve existing surrounding residences and future residential properties. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning the property to the Urban Thoroughfare zoning district is justified, because it will allow the property to be developed with a variety of land uses, densities and intensities. This is consistent with the future land use designation, and appropriate for a property that is bounded by the I-540 Interstate on one side, a high-volume arterial roadway on another side, and a mixture of commercial, multi -family, and largely underdeveloped rural residential land uses. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access is bisected by McMillan Drive and Pam Angus Drive which connect to Wedington Drive, a Principal Arterial. The proposed zoning will not allow uses likely to significantly increase traffic over the existing C-2, G:IETCIDevelopment Services Revieivl20131Development Revieivll3-4548 RZNS side Wedington 1-540 McMillan Estates (James Family Partners)103 Planning Commission112-09-20131Commenis and Redlines Thoroughfare Commercial zoning. Wedington Drive is a four -lane arterial. Street improvements will be evaluated at the time of development. 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: Rezoning the property to Urban Thoroughfare will permit a potential increase in population density as it allows for a variety of residential uses, in addition to commercial uses. However, these impacts were evaluated by various City divisions in review of this rezoning and determined that it should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. Review and improvements to public services will be reviewed at the time of development. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A G: IETCOevelopmem Services Review120131Development RevieivV 3-4548 RZN S side Wedington I-540 McMillan Estates (James Family Partners)103 Planning Commission112-09-20131Comments and Redlines Fayetteville Unified Development Code 161.20 District C-2, Thoroughfare Commercial (A)Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel. motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation. small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-stora a units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 1 Animal boarding and training (C) Density. None. (D)Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 R. Side None Side, when contiguous to a residential district 15 R. Rear 20 R. G:IETCIDevelopmenl Services Revieiv120131 Development RevievU3-4548 RZN S side Wedington 1-540 McMillan Estales (James Family Porfners)103 Planning CommissamI J2-09-20131Commems and Redlines (F) Building height regulations. 11 BuiUng Height Maximum 1 75 ft.' *Any building which exceeds the height of 20 feet shall be set back from a 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. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord- No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 06-I8-13) G.:IETCIDevelopment Services Review120131Developmeni Review113-4548 RZNS side Wedingion 1-540 McMillan Estates (James Family Partners)103 Planning Commission112-09-20131Commems and Redlines 161.21 Urban Thoroughfare (A)Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare 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 Three-family dwellings 10 Unit Eating places 13 Unit Hotel, motel and amusement 14 services Unit Shopping goods 16 Unit Transportation trades and services 17 Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit Commercial recreation, small sites 19 Unit Home occupations 24 Unit Offices, studios, and related 25 services Unit Multi -family dwellings 26 Unit Liquor store 34 Unit Accessory Dwellings 41 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional G: IETCIDevelopmeni Services Review120131Development Review113-4548 RZN S side Wedinglon 1-540 McMillan Estales (James Family Parmers)103 Planning CommissmnV 2-09-20131Commentss and Redlines uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: 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 single- family residential district: (F) Building height regulations. 11 Building Height Maximum 1 56/84 R.' G:IETCOevelopment Services Revieiv120130evelopmenl Revieiv113-4548 RZN S side Wedington 7-540 McMillan Estates (James Family Partners)103 Planning CommissionV 2-09-20131Comments and Redlines *A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord, 5339,8-3-10; Ord. 5353, 9-7-10; Ord. 5462, 12-6-1 ];Ord. 5592, 06-18-13) G: I ETCIDevelopment Services Revie v120131Development RevielvII3-4548 RZN S side Wedington 1-540 McMillan Estates (James Family Partners)103 Planning CommissionV 2-09-20I31Commenls and Redlines Zoning Review To: Andrew Garner From: Harley Hunt Date: November 13, 2013 Re: RZN 13-4548 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT r 303 West Center Street Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-0471 This development will be protected by Engine 2located at 708 N. Garland. It is 1 mile 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. Battalion Chief H. Hunt Fire Marshal Fayetteville Fire Department Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain- Fayetteville, AR 72701 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 . (479) 442-9127 . FAX(479)582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: 765-22526-000, 765-22527-000, 765-22528-000, 765-22529-000, 765-22530-000, 765- 22531-000, 765-22532-000, 765-22534-000 (owned by Thomas F. James Realty Limited Partnership, LLLP. B. Currently this property is zoned C-2. The reason for the requested Urban Thoroughfare zoning is to allow this property to be more marketable to allow for more varieties of potential uses. C. The property due west of I-540 is zoned RMF -24 and C-2, to the north there is C-2, RMF -24, RSF-4, to the east there is R-0, and the remainder is RSF-4. Urban Thoroughfare will create a softer transition to the adjacent RSF-4 land to the south and east. This zoning is a great fit to the multiple uses that are around it and will provide for a concentration of commercial and mixed uses that will enhance function and appearance along the major thoroughfares. D. Existing water and sewer are already at this site and will adequately serve the proposed zoning. E. We feel the requested zoning is in line with the goals of the City Plan 2030 as the future land use map calls for this area to be Urban Center Area, which Urban Thoroughfare would appropriately be categorized. F. This property has sat vacant for sometime now, and aligning the proposed zoning with the 2030 Future Land Use Map now makes sense and we anticipate this to spur development in this area. G. This property is directly adjacent to the highest capacity streets in town and these existing streets will adequately serve any future development. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. C-2 zoning limits the types of mixed uses of this land as compared to the available uses found under the Urban Thoroughfare zoning. Sincerely; ak E Jorgensen, P.E. PUBLIC WORKS, LAND DEVELOPMENT. WATER SYSTEMS. 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Box 1607, 72702 479-04217001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, 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 5649 Was inserted in the Regular Editions on: January 16, 2014 Publication Charges: $ 64.85 n Holly Andrews Subscribed and sworn to before me This \1 day of 2014. c Notary Public My Commission Expires: zl�l2�1N+ C I 1\ "- C7 kk�� My **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JAN 22 2014 CITY OF FAYLT7FVILLG