HomeMy WebLinkAboutOrdinance 6816 1111111111111111111111111111111111111111111111111111111111111 Doc ID: 021889910003 Type: REL Kind: ORDINANCE Recorded: 12/13/2024 at 12:23'55 PM 4W\rr� C-) na Fee Amt: $25.00 Pape 1 of 3 G N Washington County, AR Kyle Sylvester Circuit Clerk Fi1e2024-00032582 o * ,' ti 113 West Mountain Street ram.•_- Fayetteville, AR 72701 %;— tv (479) 575-8323 r-' Ordinance: 6816 File Number: 2024-719 ANNEX-2024-0001: (N.RUPPLE RD.&W.SALEM RD./FOXTAIL MEADOWS,205): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 24-001 SUBMITTED BY FLINTLOCK LTD CO.FOR PROPERTY LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 7.90 ACRES WHEREAS, Flintlock LTD Co. has properly secured the Washington County Judge's authorization to annex 7.90 acres located on North Rupple Road and West Salem Road Northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, 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 confirms the annexation to the City of Fayetteville,Arkansas of about 7.90 acres as described in Exhibit B and the map shown on Exhibit A,both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville,Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville,Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville,Arkansas hereby assigns this 7.90 acres to Ward Four of the City of Fayetteville. \\```�g/'T R/, � •.••••• ,4 • PASSED and APPROVED on November 19,2024 =c�;• •�73 : FAYETTEVILLE • • Approve : Attest: %/9':9RkANS ;• ��`� onel Jordan, r c n Shelton,Se ' puty City Clerk This public n was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas. Amount Pai : $1214. 9� Page 1 ANX-2024-0001 Close Up View N. RUPPLE RD W. SALEM RD JANX-2024-0001 _ HAYFIELD CIR O' D' 01 z' m' r� r,I ---------------A� SALEMRD cu _J IL 0. Subject Property RSF-4 Regional Link Unclassified Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Trail (Proposed) 1:2,400 EXHIBIT 'A' ,J& NORTH RSF-4 ANX-2024-0001 EXHIBITS' PARCEL #001-16726-000: APART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASH INGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF THE SAID FORTYACRE TRACT, AND RUNNING N02047'55"E 662.43 FEETAND N87039'13"W 540.92 FEETTO THE POINT OF BEGINNING, AND RUNNING THENCE N87039'13"W 776.86 FEET; THENCE N02038'29"E 449.63 FEET; THENCE S87045'53"E 805.02 FEET; THENCE SO4°11'30"W 146.33 FEET; THENCE N87°33'31 "W 24.62 FEET; THENCE S02039'13"W 42.65 FEET; THENCE SO4°11'30"W 262.33 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 8.12 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. Washington County,AR I certify this instrument was filed on 12/13/2024 12:23:55 PM and recorded in Real Estate File Number 2024-00032582 Kyle Sylvester- Circuit Clerk by Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2024 CITY COUNCIL MEMO 2024-719 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Senior Planner SUBJECT: ANX-2024-0001: Annexation (N. RUPPLE RD. & W. SALEM RD/FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.90 acres. The request is to annex the property into the city limits of Fayetteville. RECOMMENDATION: City planning staff and the Planning Commission recommend approval of a request to annex the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in northwest Fayetteville about 200 feet south of the intersection of Rupple Road and Salem Road on the east side of Rupple Road. The property includes one parcel which is undeveloped and totals approximately 7.90 acres. No hydric soils, FEMA-designated floodplain, or protected streams have been identified on the property. Request: The request is to annex the subject property into the City of Fayetteville. A request to rezone the property to a planned zoning district has been submitted concurrently with this request (PZD-2024-0005). Public Comment: Staff has received no public comment regarding this request. Input was received however, regarding the associated rezoning request, PZD-2024-0005, which is summarized with that item. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, 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 of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staff's report. These include the potential impacts on Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. If the land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. The proposed annexation would annex land adjacent to an existing peninsula in the City's boundary and would not create a new island or peninsula. The areas to the west and south were annexed in 2006 and created a peninsula then, and the proposed annexation would further establish Salem Road as a logical boundary to the north, consistent with previously annexed properties to the east. The subject property is adjacent to city water and does not currently have access to city sewer. Connections to water and sewer service would be the responsibility of the property owner. City Engineering has noted that this site does not have adequate water capacity for the typical requirement for fire flow. From the north, the lines in Rupple and Salem are fed by a single six-inch main. The utility department has designed plans for a pressure reduction project that will restrict connections to the south. In order to have hydrants for future development, a minimum line size of eight inches must be provided, and it must tie into a line that is eight inches or larger. Also, a downstream capacity study for sewer must be provided at the time of development to determine if there are sewer capacity issues. Any capacity issues will have to be addressed prior to occupancy or final plat of a development. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the October 14, 2024 Planning Commission meeting, a vote of 7-2-0 forwarded the annexation request to City Council with a recommendation of approval. Commissioner Castin made the motion and Commissioner Werner seconded it. Commissioners Cabe and Garlock voted against it and expressed concerns about the property being too remote, having a low infill score, and limited access to city services. Commissioners in favor of the request offered little comment, finding the request to be appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Exhibit A (#3), Exhibit B (#4), Planning Commission Staff Report (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-719 ANX-2024-0001: Annexation (N. RUPPLE RD. & W. SALEM RD/FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.90 acres. The request is to annex the property into the city limits of Fayetteville. AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 24-001 SUBMITTED BY FLINTLOCK LTD CO. FOR PROPERTY LOCATED ON NORTH RUPPLE ROAD AND WEST SALEM ROAD NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 7.90 ACRES WHEREAS, Flintlock LTD Co. has properly secured the Washington County Judge's authorization to annex 7.90 acres located on North Rupple Road and West Salem Road Northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, 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 confirms the annexation to the City of Fayetteville, Arkansas of about 7.90 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 7.90 acres to Ward Four of the City of Fayetteville. Page 1 CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Gretchen Harrison, Senior Planner MEETING DATE: October 14, 2024 (updated with results) SUBJECT: ANX-2024-0001: Annexation (N. RUPPLE RD. & W. SALEM RD/FOXTAIL MEADOWS, 205): Submitted by FLINTLOCK LTD CO. for property located on N. RUPPLE RD. & W. SALEM RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.90 acres. The request is to annex the property into the city limits of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX-2024-0001 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward ANX-2024-0001 to City Council with a recommendation of approval." BACKGROUND: The subject property is in northwest Fayetteville about 200 feet south of the intersection of Rupple Road and Salem Road on the east side of Rupple Road. The property includes one parcel which is undeveloped and totals approximately 7.90 acres. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Rural Residential Washington County: AG/SF Res 1, Agricultural Single- family Residential 1 Unit per Acre South Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential Washington County: AG/SF Res 1, Agricultural Single - Undeveloped family Residential (1 Unit per Acre) West Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to annex the subject property into the City of Fayetteville. A request to rezone the property to a planned zoning district has been submitted concurrently with this request (PZD-2024-0005). Public Comment: Staff has received no public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has frontage along Rupple Road to the west. The portion of Rupple Road adjacent to this property is an approximately 22-foot-wide paved county road with open ditches, no curb and gutter, and no sidewalk. Any street improvements required in the area would be determined at the time of development proposal. Water: Public water is available to the subject property. A four -inch water main exists along the west side of Rupple Road. City Engineering has noted that this site does not have adequate water capacity for the typical requirement for fire flow. From the north, the lines in Rupple and Salem are fed by a single six-inch main. The utility department has designed plans for a pressure reduction project that will restrict connections to the south. In order to have hydrants for future development, a minimum line size of eight inches must be provided and it must tie into a line that is 8 inches or larger. Sewer: Sanitary sewer is not currently available to the site. A downstream capacity study for sewer must be provided at the time of development to determine if there are sewer capacity issues. Any capacity issues will have to be addressed prior to occupancy or final plat of a development. Drainage: No portion of the property lies within the Hillside Hilltop Overlay District (HHOD) or a FEMA floodplain, and no protected streams or hydric soils are present on site. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 7, located at 835 N. Rupple Road, protects this site. The property is located approximately 2.6 miles from the fire station with an anticipated drive time of approximately six minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, 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 of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 1 and 3 for this site with a weighted score of 3 at the highest level. The following elements of the matrix contribute to the score: Near Water Main (4-inch main, Rupple Road) Near City Park (Gary Hampton Softball Complex) Near Paved Trail (Rupple Road, Clabber Creek Trail) FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula. Finding: The proposed annexation would annex land adjacent to an existing peninsula in the City's boundary and would not create a new island or peninsula. The areas to the west and south were annexed in 2006 and created a peninsula then, and the proposed annexation would further establish Salem Road as a logical boundary to the north, consistent with previously annexed properties to the east. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in northwest Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for a parcel that is currently undeveloped. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundary follows the property lines of the subject property. To the west and south, the annexation boundary aligns with existing incorporated land. The property is bordered to the north and east by rural residential and undeveloped lots that are located outside of city limits in unincorporated Washington County. Incorporating the subject property could create an opportunity to improve Rupple Road along the property's frontage and it could further align the northern extent of the City's boundary in this area with Salem Road to the north. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject property is adjacent to city water and does not currently have access to city sewer. Connection to water and sewer service would be the responsibility of the property owner. City Engineering has noted that this site does not have adequate water capacity for the typical requirement for fire flow. From the north, the lines in Rupple and Salem are fed by a single six-inch main. The utility department has designed plans for a pressure reduction project that will restrict connections to the south. In order to have hydrants for future development, a minimum line size of eight inches must be provided and it must tie into a line that is 8 inches or larger. Also, a downstream capacity study for sewer must be provided at the time of development to determine if there are sewer capacity issues. Any capacity issues will have to be addressed prior to occupancy or final plat of a development. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The subject property is undeveloped and does not lie within the HHOD or a floodplain and no hydric soils or protected streams are present on site. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department response time to this location is approximately 8.2 minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minute for an engine and eight minutes for a ladder truck. Police: The Fayetteville Police Department has not commented on this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: The subject property would receive the same services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick-up, and zoning protection as nearby property within the City. 12.3.5.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units, and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: The property currently has extensions and upgrades subsequent development. access to a public street and city water. Utility would be required to serve the associated, 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Upgrades and extensions of water mains and extensions of sewer mains would be required to meet the demands of development. Planning: The proposed annexation would lead to increased density on the subject property when considering the PZD that was concurrently submitted with this request, and there are concerns that the site does not have adequate water capacity for the typical requirement for fire flow. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: Not applicable; the extent of the proposed annexation is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. If the property were to be annexed, it would be subject to the City's stormwater ordinances. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the subject area is included within the City's Future Land Use Plan and is designated as a Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural per UDC §161.01(E), though the applicant has submitted a separate rezoning application with a request to rezone the property to a PZD. 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the appropriate development review process. 12.3.5.s Residents should be fully informed of annexation activities. Finding: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property have been notified. Additionally, a legal advertisement has been submitted with the local newspaper prior to the Planning Commission meeting for which this item is scheduled. Signage was posted on the site informing surrounding neighbors of the annexation proposal. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds the request would serve to reduce a peninsula of unincorporated area, further establishing the portion of Salem Road which runs east to west to the north as a logical, `squared -off' boundary for the City in this area. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the subject property, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land toward the western extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. RECOMMENDATION: Planning staff recommends forwarding ANX-2024-0001 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: October 14, 2024 O Tabled O Forwarded O Denied with a recommendation Motion: Castin of approval Second: Werner ote: 7-2-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • City Plan 2040, Section 12.3: Annexation • Request Letter • Applicant Exhibit • Order of Annexation • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map PETITION FOR ANNEXATION IN THE MATTER OF ANNEXING TO DATE: THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO SAID CITY OF FAYETTEVILLE, ARKANSAS Comes now the undersigned petitioners, and state as follows: That we, owning 100% of the property in the following described territory, in Washington County, Arkansas, do hereby petition, pursuant to A.C.A. 14-40-609, the City Council of Fayetteville, Arkansas, to annex the following lands to the City of Fayetteville, Arkansas: Foxtail Meadows Annexation into the City of Fayetteville. Arkansas (Parcel: 001-16726-000) PT N/2 SW SW 8.06 AC FURTHER DESCRIBED IN 2021-48725 AS: A PART OF THE SW/4 OF THE SW/4 OF SECTION 2.9, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID 40 ACRE TRACT; THENCE N00°17'49"E ALONG THE WEST LINE OF SAID 40 ACRE TRACT 659.59 FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH A SET REFERENCE IRON ON THE EAST RIGHT-OF-WAY OF COUNTY ROAD 894 BEARS S89°53'03"E 28.08 FEET; THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT S89°53'03"E 775.09 FEET TO A SET IRON; THENCE N00'29'33"E 290.00 FEET TO A SET IRON; THENCE S89`53'03"E 19.70 FEET TO A SET IRON IN AN EXISTING FENCE; THENCE NO2`07'40"E ALONG SAID FENCE 160.10 FEET TO A SET IRON; THENCE LEAVING SAID FENCE N89°53'03"W 800.90 FEET TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT AND FROM WHICH A SET REFERENCE IRON ON THE EAST RIGHT-OF-WAY OF COUNTY ROAD 894 BEARS S89'53'03"E 27.99 FEET; THENCE S00'17'49"W 449.98 FEET TO THE POINT OF BEGINNING, CONTAINING 8.09 ACRES, MORE OR LESS. THE ABOVE DESCRIBED 8.09 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF COUNTY ROAD 894 ALONG THE ENTIRE WEST BOUNDARY, AND ALL OTHER EASEMENTS AND RESTRICTIONS, IF ANY. LESS AND EXCEPT: A PART OF THE SW/4 OF THE SW/4 OF SECTION TWENTY-NINE (29), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00'19'34"E 659.59 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO A POINT IN N. RUPPLE ROAD AND FROM WHICH AN EXISTING REFERENCE IRON SET IN 1998 BY LICENSED SURVEYOR #1005 BEARS S89'52'36"E 28.07 FEET; THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT, S89'52'36"E 771.91 FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH AN EXISTING IRON REBAR BEARS N00'16'06"E 1.09 FEET; THENCE N0016'06"E 263.08 FEET ALONG A LINE SURVEYED BY LICENSED SURVEYOR #1642 AND FILED AS DOCUMENT 2015-3183 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS TO AN EXISTING IRON AT A WOOD PRIVACY FENCE CORNER; THENCE N00'27'51 "E 42.81 FEET ALONG SAID WOOD FENCE TO AN EXISTING IRON REBAR AT A FENCE CORNER; THENCE S89`01'51"E 24.76 FEET ALONG SAID WOOD FENCE TO AN EXISTING IRON REBAR; THENCE S02°40'22"W 15.70 FEET TO A POINT, THENCE N89'25'49"W 19.94 FEET TO A POINT; THENCE 500`29'33"W 290.00 FEET TO AN EXISTING IRON REBAR SET IN 1998 BY LICENSED SURVEYOR rr1005; THENCE N09"52'36"W 3.17 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. 1. We further state that this petition is signed by100% of the real estate owners owning 100% of the acreage in said area. This properly is o►rned by Donnie Pitts avid Isabel Pitts, CO -Trustees of Pitts Revocable T► ist. 2. Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. This property adjoins the City of Fayetteville on hro sides (south and ►nest) and ►rill not create an island orpeninsula. The properties to the east and north are in Washington County and are adjacent to other countyproperties. 3. Proposed annexation area must be adjacent, or contiguous, to city limits. The proposed lot for annexation is bounded on the south and ►rest by the City of Fayetteville. 4 .Areas should either include or exclude entire subdivisions or neighborhoods, not divide. The proposed lot is planned to be incorporated into a PZD that is currently before the City of Fayetteville. 5. Boundaries for annexed areas should follow natural corridors. The boundaries for the proposed annexation follo►r existing property lines. 6. Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. The inclusion of this parcel in the P7.D extent allo►rs for the preservation oja large forested ravine, specifically, and generally includes a notable percentage o1' preservation area that is much higher than ►rouhl othertrise be possible under typical zoning regulations. 7. Public services (including emergency response) must be able to be provided efficiently in newly annexed areas. The planned PZD that a ill include the proposed annexed lot ►rill incorporate public .services and utilities. S. Areas currently served by utilities and other public services should be annexed. The planned PZD that gill include the proposed annexed /of will incorporate public services and utilities. 9. Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. The planned P7.1) that frill include the proposed annexed lot will incorporate public services and utilities. Any upgrades necessary rrill be inco►poraled in the PZD process. q%jWq&r' 1"UsSovs, Printed Name of Property Owner/Petitioner dI Signature of Property Owner/Petitioner State of Arkansas County of Wiiqon Printed Name of Property Owncr/Petitioner Signature of property 0-%vner/Petitioner ACKNOWLEDGMENT ss. 0TAC . PUBLIC ➢' 81270881s c Ny'ly.� On this the �_ day of 6_, 20 , before me, the undersigned officer, personally appeared lA�tel4d k,Un known to me (or satisfactorily proven) to be the persons whose names are subscribed above and acknowledged and attested that it was executed for the purposes therein apparent. y:12 — NOTARY PUBLI My Commission Expires to. 1. -'-� a='m^n3l> I ;tee mn. I I 9�gm��azo,�HUN � zeta` aNa='aF 0 >a9S=E RPNO-H =f o"zn1 HINIHM nN�`J� 3 :y AMS-9 HIM, .�.,n - 'm ��g�mm nm� m9 n. a�fdSc �Ae�B� S m�S m I ,-- i s d Q a I I I III I I l a o� I I \ I \ 1 I I f \ 1 \ II I r 1 I � X -0 dm a aa�u +-Avzg.3a� \ / o I�S r gigi _ r t9t- A i �a+CeRu g_� !N Em*'�5 PROJECT TITLE: SALEM B RUPPLEiml i8 13®®ex01 IllI111b,idgeDde.s�ites O ,Ae x i w eg; - F i Yz (f - s oFiIII-'_i A o spa o f m 9 " x agf�+ASSOCIATES JORGENSEN Offlce; 4J9.44].9 7 3 w.io,9e�sena �.�om wR� Civil En9ineerin9+Surveying I.....'isned 1985ss PROJECT LOCATION: S ( s a FAYETTEVILLE ARs -I IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS C-) r., :EAP >yr3 IN RE: ANNEXATION OF PROPERTY- - CONTIGUOUS TO THE CITY OF FAYETTEVILLE,i WASHINGTON COUNTY, ARKANSAS CC NG 06-24-f5- AMP ORDER CONCERNING ANNEXATION' ,rJlC> .n On this 4th day of September, 2024, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of the owners desiring the annexation of territory into the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-6og. This Court being fully advised of the facts and the law does hereby find as follows: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. PATt ICK W. DEAKINS, COUNTY JUDGE DATED: ef K �.�ti �f Arkansas Secretary of State .'' �,. Little Rock,AR 72201-1094 ' ' Cole Jester Arkansas Secretary of State,500 Woodlane Ave, 1RKANS9 ��� 1015 MAR 28 AM 9: 38 Municipal Boundary Change CheckU stALLFN Act 655 of 2017 and A.C.A. §14-40-103-to.-LatCu,l (v'j N��L�Kt' pe County:Washington City/Town: Fayetteville City Ordinance/Resolution No:6816 Date approved: 11/19/2024 County Court Case No:2024-15 Date Order Filed: 8/20/2024 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: 12/20/2024 Set by: Municipal Ordinance O Emergency Clause ()Court °Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: n/a ©Upheld°Overturned() Other(attach explanation Please indicate which ward(s)the territory will be assigned to: Ward 4 (See A.C.A§14-40-203) Initiating party: ()All Landowners 0 Majority Landowners Municipal Governing Body 0 State °Other Supporting Documentation attached(check all that apply): ✓� File marked copy of City Ordinance/Resolution (required) ✓� File marked copy of County Court Order or certified annexation election results(required except for A.C.A. §14-40-501) 1 Copy of Arkansas GIS approved printed map and certification letter(required) 1 Proof of Publication for all Legal Notices(include Hearing, Election, and City Ordinance/Resolution notices) n File marked copy of Petition Part(if applicable) nFile marked copy of Complaint and final Circuit Court Order(Court Challenge only) Municipal Contact: Name:Kara Paxton Title: City Clerk-Treasurer Street Address: 113 West Mountain St. City:Fayetteville St:AR Zip code: 72701 Complete one form per ordinance/resolution,attach it as a cover page to the supporting document set and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 655 of 2017 County Official: Signature: Title: Date: Pursuant to Act 655 of 2017,County Officials must submit a file-marked copy of municipal boundary change documents within 30 days of receipt to:Arkansas Secretary of State,Attn:Municipal Boundary Filing,500 Woodlane Ave Suite 256,Little Rock,AR 72201-1094 Office of the Arkansas Secretary of State use only Received by: Rev.1-2025 ANX-2024-0001 N. RUPPLE RD W. SALEM RD One Mile View NORTH 0 0.13 0.25 0.5 Miles _ - - - - - -- —HOWARD NIC -L-RD Subject Property I I p 1 � ' 1 LU ' I Q , —A 1 1 — — — — — — — — — — � I 1 � I 1 1 I 1 � I 1 � I 1 1 I 1 — — — — — — — — — 1 — — — — — — — — — — 1 - -- 1 - r , J 1 � 1RSF-4 17 E RSF-8 ' NS-G 1 NC f 0 1 11 1 1 W a 1 1 I 1 1 I I ' zoning �I-z cana�al maaNrial .� Regional Link RESIDENT IALSINGLE-FAMILY EXTRACTION �Nsc E-, Neighborhood Link RI-U RI— COMMERCIAL Resitlenlial- . — Unclassified �NSL � Rasmennal-Agneeneral C-1 � c-z _ C-3 — ResidentialLink _ _ _ RSF-, FORM BASED DISTRICTS - - RSF_2 � Downtown Gore Planned Residential Link RSF< RSF-) �urpanilwroagM1hre � Maln SVeat Center ��-Shared-Use Paved Trail RSFA RSF-+ �Dmm—Genre, Commeniryservi.a RESIDENTIAL MULTI -FAMILY NeigM1bor !Servkes — — Trail (Proposed) O RMIl RM112 Neigh rh—I Con reYo — — - -IIIIIIIII RMF-13 PLANNED ZONING DISTRICTS �Commereial.IntlusNal.R itleMial — — Fayetteville City Limits - Planning Area = - RMF-za INSTITUTIONAL Planning Area Fayetteville City Limits g RMF-0 INDUSTRIAL I-, Heavy CemmarclalaM LlgM lnauattlal _ R1 -- - ANX-2024-0001 I N. RUPPLE RD W. SALEM RD Close Up View _ HAYFIELD CIR O' D' 01 z' m' ---------------A� SALEMRD cu _J IL Subject Property RSF-4 Regional Link Unclassified Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Trail (Proposed) 1:2,400 ,J& NORTH RSF-4 ANX-2024-0001 N. RUPPLE RD W. SALEM RD Current Land Use NORTH wil 'rim ♦�' r Single -Family Residential 0, # k rA - SALEM'RD " " SALEM RD O w a Subject Property k Undeveloped Single -Family Residential' 2 w J i. A Undeveloped WEIR RD^ _ Ilk Regional Link FEMA Flood Hazard Data Neighborhood Link Unclassified 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 k Planning Area �'3'600 Fayetteville City Limits Form v1.54 N\A RECEIVED Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 2 6 2024 113 W MOUNTAIN CITY OF FAYETTEVILLE FAYETTEVILLE, AR 72701 CITY CLERKS OFFICE Ad number#: 459144 PO #: Matter of: ORD 6816 AFFIDAVIT•STATE OF ARKANSAS 1 Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6816 Pending in the court, in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$124.64. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/24/24;NWA nwaonline.com 11/24/24 7)2,141 -4e/feee..")/ Legal Clerk GY B R 4 Sy . 0` 222v .9 State of ARKANSAS,County of Sebastian .moo,. Subscribed and sworn to before me on this 25th dayof �OTHR y U Cr)November, 2024 = N: — •. PU B I.',C •. OTARY PUBLIC Ordinance:6616 File Number:2024-719 ANNEX-2024-0001:(N.RUP- PLE RD.&W.SALEM RD./FOX- TAIL MEADOWS,205): AN ORDINANCE f0 ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 24- 001 SUBMITTED BY FLINTLOCK LTD CO. FOR PROPERTY LO- CATED ON NORTH RUFFLE ROAD AND WEST SALEM ROAD NORTHWEST OF WARD 4 CON- TAINING APPROXIMATELY 7.90 ACRES WHEREAS,Flintlock LTD Co. has properly secured the Wash- ington County Judge's authori- zation to annex 7.90 acres located on North Rupple Road and West Salem Road North- west of Ward 4 into the City of Fayetteville. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayet- teville,Arkansas of about 7.90 acres as described in Exhibit 8 and the map shown on Exhibit A,both attached to the Planning Department's agenda memo. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recog- nize this annexation. Section 4:That the City Coun- cil of the City of Fayetteville, Arkansas hereby assigns this 7.90 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on November 19,2024 Approved: Lioneld Jordan,Mayor Attest: Jackson Shelton Senior Deputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:5124.64 November 24,2024 459144