HomeMy WebLinkAboutOrdinance 5799113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5799
File Number: 2015-0410
Doc ID: 016478780003 Type: REL
Kind: ORDINANCE
Recorded: 10/02/2015 at 02:06:55 PM
Fee Amt: $25.00 Pape 1 of 3
Nashlnpt on County, AR
Kyle Sylvester Circuit Clerk
Flle2015-00028185
RZN 15-5149 (2975 OLD FARMINGTON RD./KING SIEVERT):
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 15-5149, FOR APPROXIMATELY 1.27 ACRES, LOCATED AT 2975 OLD
FARMINGTON RD. FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE
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 RSF-4, Residential Single Family, 4 Units
Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre, 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 on 9/15/2015
Approved:
Page I
�•` 6'' S Y S r•
Attest: ^ ~
I AYFT7FVILLi''.0
,`
Sondra E. Smith, City Clerk Treasurer
Pdnled on 9716/15
EXHIBIT "A"
EXHIBIT "B"
Legal Description of Property
For rezoning request filed 7/14/2015 for parcels 765-14655-000 and 765-14655-001.
TRACT 1 - 0.98 ACRES
Part of the NW1/4 of the NEI/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northwest Corner of said NW1/4 of the NE1/4, said point being a state monument; thence S02°20'57"W
984.67 feet and S87°39'03"E 191.06 feet to a found iron pin for the Point of Beginning; thence
N04028'32"W 73.01 feet to a 1/2" rebar; thence N71°59'22"E 66.59 feet to a 1/2" rebar; thence
N27024'03"E 73.46 feet to a 1/2" rebar; thence N12028'11"W 34.60 feet to a 1/2" rebar; thence
N33°18'40"W 74.64 feet to the Southerly right-of-way of Old Farmington Road; thence N45°14'22"E
206.16 feet along said right-of-way; thence leaving said right-of-way and running S02018'17"W 391.77
feet to a 1/2" rebar; thence S87°12'15"W 173.82 feet to the Paint of Beginning. Containing 0.98 acres,
more or less.
TRACT 2 - 0.29 ACRES
Part of the NW1/4 of the NE1/4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northwest Corner of said NW1/4 of the NE1/4, said point being a state monument; thence S02°20'57"W
984.67 feet and S87°39'03"E 191.06 feet to a found iron pin; thence N04°28'32"W 73.01 feet to a 1/2"
rebar for the Point of Beginning; thence N04°28'32"W 124.45 feet to a 1/2" rebar on the Southerly right-
of-way of Old Farmington Road; thence N45"14'22"E 82.23 feet along said right-of-way to a 1/2" rebar;
thence leaving said right-of-way and running S33"18'40"E 74.64 feet to a 1/2" rebar; thence S12°28'11"E
34.60 feet to a 1/2" rebar; thence S27024'03"W 73.46 feet to a 1/2" rebar; thence S71°59'22"W 66.59
feet to the Point of Beginning. Containing 0.29 acres, more or less.
Washington County, AR
1 certify this instrument was filed on
10/02/2015 02:08:55 pM
and recorded in Reef Estate
File Number 2015.0002
jAr
Kyle Sylvester- circuit ter
by
- City of Fayetteville, Arkansas
Text File
File Number: 2015.0410
Agenda Date: 9/15/2015 Version: 1
In Control: City Council Meeting
Agenda Number: C. 4
RZN 15-5149 (2975 OLD FARMINGTON RD./KING SIEVERT):
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
15-5149, FOR APPROXIMATELY 1.27 ACRES, LOCATED AT
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
SINGLE FAMILY, 8 UNITS PER ACRE
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Status: Passed
File Type: Ordinance
IN REZONING PETITION RZN
2975 OLD FARMINGTON RD.
ACRE TO RSF-8, RESIDENTIAL
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 RSF-4, Residential Single Family, 4 Units Per
Acre to RSF-8, Residential Single Family, 8 Units Per Acre, 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.
City of Fayetteville, Arkansas Page 1 Printed on 9118/2015
City of Fayetteville Staff Review Form
2015-0410
Legistar File ID
9/15/2015
City Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Jeremy Paten 8/28/2015 City Planning/
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by THE INFILL GROUP for
properties located at 2975 OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the properties to RSF-8,
RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
I$ -
V?0140170
Previous Ordinance or Resolution N
Original Contract Number:
Comments:
Approval Date:
CITY OF
a e evi le CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF SEPTEMBER 15, 2015
TO: Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
DATE: August 28, 2015
SUBJECT: RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT,
558): Submitted by THE INFILL GROUP for properties located at 2975
OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27
acres. The request is to rezone the properties to RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the property
to RSF-8, Residential Single Family, 8 Units per Acre.
BACKGROUND:
The subject property is located on the south side of Old Farmington Road, just east of One Mile
Road and contains two parcels totaling approximately 1,27 acres. The western parcel of
approximately 0.29 acres is developed with a single-family home.
The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to
RSF-8, Residential Single-family, 8 units per acre. The applicant indicated the rezoning is needed
for the development of a cottage court with 10-12 units.
Land Use Compatibility:
In staff's opinion, the zoning request is compatible with surrounding land uses, which are single-
family homes on a variety of lot sizes, with the exception of a cemetery to the east. Lot sizes range
from 6,000 square feet to the south and north, to 15,000-20,000 square feet to the east and west.
Land Use Plan Analysis:
City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This
designation supports a wide spectrum of residential uses and encourages density in all housing
types. The RSF-8 zoning district allows 5,000 square foot lots, which is compatible with
surrounding properties and continues to expand on the diversity of single-family lot sizes in the
neighborhood, a primary goal of City Plan 2030.
DISCUSSION:
On August 24, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 8-0-0.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Exhibit B
Planning Commission Staff Report
CITY OF
Yaeevalle ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jesse Fulcher. Senior Planner
August -24-201 2015 Updated August 28, 2015
SUBJECT: RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT,
558): Submitted by THE INFILL GROUP for properties located at 2975
OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27
acres. The request is to rezone the properties to RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 15-5149 to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property is located on the south side of Old Farmington Road, just east of One Mile
Road and contains two parcels totaling approximately 1.27 acres. The western parcel of
approximately 0.29 acres is developed with a single-family home. Surrounding land use and
zoning is depicted on Table 1.
Table 1
Surrounding Land Use and ZonincE
Direction from Site
Land Use
Zoning
North
_ _
Single -Family Residential
R-PZD Scottswood Place
South _
Single -Family Residential
RSF-4, Residential Single -Family_
_
East
_ Single -Family Residential/Cemetery RSF-4. Residential Single-Family/R-A
West _
Stele -Family Residential
R -A. Residential Agricultural
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per
Acre to RSF-8, Residential Single-family, 8 units per acre. The applicant indicated the rezoning
is needed for the development of a cottage court with 10-12 units.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The northern portion of the property has access to Old Farmington Road. This
designated Collector Street has been improved on the north side of the street, but
is unimproved on the south side of the street. The south side of the street adjacent
to the subject property would likely need to be fully improved similar to the north
side of the street at the time of development. Depending on the scope of
Mailing Address:
113 W. Mountain Street www.fayetteville-ar,gov
Fayetteville, AR 72701
development, off -site improvements at the substandard intersection of Old
Farmington/One Mile Road may be required.
Water: Public water is available to the site. There is an 8" public main along Old
Farmington Road.
Sewer: Sanitary sewer is available to the site. There is an 8" main on the south side of Old
Farmington Road.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. This property is not affected by the 100 -year floodplain. This
property does not contain any protected streams per the Streamside Protection
map.
Fire: This development will be protected by Engine 6 located at 900 S. Hollywood.
It is 2 miles from the station with an anticipated response time of 4 minutes to the
beginning of the development. The Fire Department anticipates seven calls for
service each year after the development is completed and maximum build -out has
occurred. Typically this type of development usually takes 12 — 18 months after
the development begins before maximum build -out and service impact occurs. The
Fayetteville Fire Department does not feel this development will affect our calls for
service or our response times.
Police: The Police Department did not express any concerns with this request
CITY PLAN 2025 FUTURE LAND USE PLAN: The property is designated as a Residential
Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and
support a variety of housing types of appropriate scale and context, including single family,
multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhood, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which
may have large blocks with conventional setbacks and development patterns that respond to
features in the natural environment.
FINDINGS OF THE STAFF
RECOMMENDATION: Staff recommends forwarding RZN 15-5149 to City Council with a
recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 24, 2015 O Tabled V Forwarded O Denied
Motion: Chesser Second: Brown Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
Date: September 15, 2015 El Approved 17 Denied
G:\ETC\Development Services Review\2015\Development Review\15-5149 RZN 2975
Old Farmington (King-Sievert)\03 Planning Commission\08-24-2015\Comments and
Redlines
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: Surrounding Land Use Compatibility: In staffs opinion, the zoning request
is compatible with surrounding land uses, which are single-family homes on
a variety of lot sizes, with the exception of a cemetery to the east. Lot sizes
range from 6,000 square feet to the south and north, to 15,000-20,000 square
feet to the east and west.
Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates
this site as Residential Neighborhood Area. This designation supports a
wide spectrum of residential uses and encourages density in all housing
types. The RSF-8 zoning district allows 5,000 square foot lots, which is
compatible with surrounding properties and continues to expand on the
diversity of single-family lot sizes in the neighborhood, a primary goal of City
Plan 2030.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified at this time, as the proposed zoning will
allow appropriate infill development in an area where it is encouraged. The
applicant has also indicated in the application that the desire is to construct
up to 12 cottage units on the property. The existing RSF-4 zoning will only
allow up to 7 dwellings units in a cottage configuration.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property RSF-8 will not likely increase traffic danger or
congestion in this location, although the request is for a zone that will allow
a higher density of development than the low density development that is
currently allowed under RSF-4 zoning. Improvements to Old Farmington
Road and potentially off -site improvements at the intersection of Old
Farmington/One Mile Road will likely be required depending on the scale of
new 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 from RSF-4 to RSF-8 will increase the potential
population density, but is unlikely to undesirably increase the load on public
services. The Police Department expressed no objections to the proposal.
The Fire Department does not feel that this zoning will negatively affect
service times to area.
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:
G:\ETC\Development Services Review\2015\Development Review\15-5149 RZN 2975
Old Farmington (King-Sievert)\03 Planning Commission\08-24-2015\Comments and
Redlines
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
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code sections 161.07 & 161.09
• Request Letter
• Survey
• One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map
G:IETC\Development Services Review\20151Development Review115-5149 RZN 2975
Old Farmington (King-Sievert)\03 Planning Commission\06-24-2015\Comments and
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TITLE XV 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
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
Unit 44
Cottage Housing Development
(C) Density.
Single-family
Two-family
dwellings
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
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.
Front I Side I Rear
15 ft. 5
(F) Building height regulations.
Building Height Maximum I 45 ft.
Height regulations. Structures in this District are
limited to a building height of 46 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; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-
20-10; Ord. 5462, 12-6-11)
CD161:7
161.09 District RSF-8, Residential Single -
Family —8 Units Per Acre
(A) Purpose. The RSF-8 Residential District is
designed to bring historic platted development
into conformity and to allow for the development
of new single family residential areas with similar
lot size, density, and land use as the historical
neighborhoods in the downtown area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses b 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
Unit 44
Cottage Housing Development
(C) Density.
By Right
Single-family
dwelling units per
8 or less
acre
(D) Bulk and area regulations.
(1) Lot width minimum.
Single-family
50 ft.
Two-family
Soft.
Townhouse, no more
than two attached
25 ft -
(2) Lot area minimum.
Single-family 5,000 sq. ft.
Two-family 5,000 sq. ft.
(3) Land area per dwelling unit.
Single-family
5,000 s . ft.
Two-family
5,000 sq. ft.
Townhouse, no more
than two attached
2,500 sq. ft.
(E) Setback requirements.
Front Side Rear
15 ft. 5ft. 5ft.
(F) Height regulations.
ildin Height Maximum I 45 ft.
(G) Building area. The area occupied by all buildings
shall not exceed 50% of the total lot area, except
when a detached garage exists or is proposed;
then the area occupied by all buildings shall not
exceed 60% of the total lot area.
(Ord. 4783, 10-18-05; Ord. 5028, 6-19-07; Ord. 5128, 4-15-
08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-
11)
CD161:8
Rezoning Application — additional items
Submitted 7/14/2015 for parcels: 765-14655-000 and 765-14655-001.
a) Current ownership information and any proposed or pending property sales.
The current owner is the Deborah W. King and Jeanne M. Sievert Revocable Trust. There are no
pending sales, though the property is listed. The owner is considering developing the property if
there is no sale.
b) Reason (need) for requesting the zoning change.
The owner Is considering developing a cottage court of 10-12 units organized around urban
agriculture features.
c) Statement of how the proposed rezoning will relate to surrounding properties In terms of land
use, traffic, appearance, and signage.
The proposed rezoning is consistent with surrounding properties. In terms of land use, the
surrounding properties are single family detached units. In terms of traffic, Old Farmington Road has
excess capacity and will be unaffected by the addition of 12 new homes. In terms of appearance and
signage, the design standards of RSF-8 will ensure that any new development is contextually
sensitive to the existing neighborhood character.
d) Availability of water and sewer (state size of lines).
The property is served by 8" water and sewer lines placed within the Old Farmington Road right-of-
way.
e) The degree to which the proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans.
The property is designated Residential Neighborhood Area in the City's Future Land Use Map. The
proposed rezoning is consistent with the City's desire that portions of the city designated Residential
Neighborhood Area remain "primarily residential in nature."
Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed rezoning Is needed to allow for a transit -ready cottage court development. It is
justified by the proximity to a major transportation corridor (MLK), planned additions to the City's
trail and park systems, and the previous rezoning of adjacent property to the north.
g) Whether the proposed zoning will create or appreciably Increase traffic danger and congestion.
The proposed rezoning will not create a traffic danger or appreciably increase congestion. The
proposed rezoning will allow for the construction of approximately 12 homes In a cottage court
format, limiting curb cuts on Old Farmington Rd.
h) Whether the proposed zoning will alter the population density and thereby undesirably increase
the load on public services including schools, water, and sewer facilities.
while the proposed rezoning will alter the population density, It will not undesirably increase the
load on public services. The proposed rezoning allows for a transit -ready density of 8 du/acre (16
du/acre In a cottage housing format subject to a Conditional Use Permit), A moderate Increase In
density also Increases the operating and/or maintenance efficiencies of public services: it allows
more children to be bussed per mile and more residents to be served per Ilnearfoot of water or
sewer line.
I) Why it would be Impractical to use the land for any of the uses permitted under its existing zoning
classification.
This Item is not applicable to this request; the use units associated with the present zoning are the
same as the proposed zoning.
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G.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
0CT 02 2015
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the ITY ciFRlrsow Falb
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. No 5799
Was inserted in the Northwest Arkansas Democrat
Gazette on:
September 27, 2015
Publication Charges: $ 77.82
Cathy Wiles
Subscribed and sworn to before me
This day of pC+. , 2015.
N
My Commission Expires:
C'T NOTARY ' �P�
PUBLIC
**NOTE** _ 92401379,.; �Z
Please do not pay from Affidavit. Invoice will t. gory k