HomeMy WebLinkAboutOrdinance 4186 FILED FILED FOR RECORD
99 NOU 3 PIS 3 06 99 A'UU
MARILYN EDWARDS 3 F� 2 55
CO. & PROBATE CLERK WASHINGTON CO AR
WASHINGTON CO. ARK , K. NAF; r(ESS
ORDINANCE NO. 4186
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF
APPROXIMATELY 34.72 ACRES OWNED BY VALARIE M.
ZAMBERLETTI AS REQUESTED IN RZA99-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
,Section 1 . That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of the following described property:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That the above-described property is hereby assigned to ward No. 3
PASSED AND APPROVED this 21 ' day of September , 1999.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By: ;;;rx� , lc�oL1
_.�•-'''����� Heather Woodruff, City Cle
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99099447
Ord . 4186
EXHIBIT "A"
A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NEI/4) of Section 19, Township
Seventeen (17) North, Range Twenty-nine (29) West in Washington County, Arkansas, and being
more particularly described as follows, to wit:
From the Southeast comer of said 40 Acre Tract, being the POINT OF BEGINNING, run thence
S89 °57'48"W along the 40 acre tract line for 195.00 feet; thence leaving said 40 acre tract line
N0004'09"W - 350 feet; thence S89 °57148"W - 250 feet; thence NO ° 04'09"W - 75 feet; thence
S89055'09"W - 262.72 feet to an existing iron pin; thence S89 ° 55'09"W - 45 feet; thence
S0005'58"W - 425 .63 feet to a point on the 40 Acre Line; thence along said 40 Acre Line run
S89057'48"W - 561 .71 feet to the Southwest comer of said 40 Acre Tract; thence NO°22'59"W -
1317.25 feet (Deed Distance - 1287.86 feet) to an existing iron pin at the Northwest (NW) corner
of said 40 Acre Tract; thence S89 °42'42"E - 1321 .43 feet to an existing iron pin at the Northeast
comer of said 40 Acre Tract; thence SO °04'09"E - 1309.72 feet to the POINT OF BEGINNING and
containing 34.72 acres, more or less, subject to County Road Right-of-way along the South line
thereof, and subject to other easements and rights-of-way, if any.
99099448
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STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 21 , 1999 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZA99-2 submitted by Michele
Harrington , attorney on behalf of Valerie M . Zamberletti for property on County
Road 92 ( Zion Road . ) The property is in the planning growth area and contains
approximately 34 . 72 acres . The request is to annex the subject property into the
City of Fayetteville .
COST TO CITY :
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
A nt ' anager Dael ADA Coordinator Date
ite Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission
approved the request with a unanimous vote of 9-0 - 0 .
�3�-9aJ Cross Reference
sion H d Date
L4 4
ar t Mirpttor to New Item : Yes No
A iLpfitrat ve Services Da, a Prev Ord/Res# :
Di
M or Date Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575.8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Brent Vinson, Associate Planner
DATE: August 23, 1999
RZA 99-2.00: Annexation (Zamberletti, pp 100) was submitted by Michele Harrington,
attorney on behalf of Valerie M: Zamberletti for property on County Road 92 (Zion Road). The
property is in the planning growth area and contains approximately 34.72 acres. The request is to
annex the subject property into the City of Fayetteville.
RECOMMENDED MOTION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: August 23, 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date:
Planning Commission Meeting
August 13, 1999
RZA 99-2 Zamberletti
Page 15. 1
BACKGROUND :
The applicant requests the annexation of approximately 35 acres along Zion Road east of
Crossover (Hwy. 265 .) The property adjoins and is east of the future Stonewood Subdivision
which was rezoned to R- 1 in May 1999. A preliminary plat was approved by the Planning
Commission on June 28, 1999 with 119 lots (see attached minutes.) Approximately 1 ,288 feet of
the property adjoins the Fayetteville City Limits. There is approximately 195 feet of frontage
along Zion Road. The Order of Annexation was signed by the Washington County Judge on
August 17, 1999. The applicant has requested to have the property rezoned to R- 1 to develop
single family residences.
ADJACENT LAND USE AND ZONING:
North: Single family residences and undeveloped property exist outside the city limits.
South : Single family residences and undeveloped property exist outside the city limits.
East: Single family residences and undeveloped property exist outside the city limits.
West: Undeveloped property zoned R- 1 exists with plans to build single family
residences in the near future.
INFRASTRUCTURE:
Streets: Zion Road is a Residential street with 40' of ROW (20' from centerline),
Crossover (Hwy. 265) which is approximately 1400 feet west is a Principal
Arterial with 110' of ROW (55' from centerline), and Butterfield Coach which is
approximately 1400' east of the property is a Collector with 70' of ROW (35' from
centerline.)
Water: There is a 6" waterline existing from Zion running into the property and a 12"
waterline along the south side of Zion.
Sewer: The nearest sewer line is an 8 " sewer line at Zion (west of Hwy. 265.)
LAND USE PLAN:
The General Plan 2020 shows this area as Residential.
Planning Commission Meeting
August 23, 1999
RZA 99-2 Zomberletti
Page 15.2
RZA99 - 2 . 00 - Zamberletti - One Mile Diameter
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August 23, 1999
RZ 99-2.00 Zamberlertii
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E Planning Commission Meeting
August 23, 1999
RZ 99-2.00 Zamberlettii
S Page 15.21
Minutes of Planning Commission Meeting
August 23, 1999
Page 32
RZA99-2 : ANNEXATION
ZAMBERLETTI, PPI00
This item was submitted by Michele Harrington, attorney on behalf of Valerie M. Zamberletti for
property located on County Road 92 (Zion Road.) The property is in the planning growth area
and contains approximately 34.72 acres. The request is to annex the subject property into the
City of Fayetteville. -
Micki Harrington was present on behalf of the request.
Staff recommended approval of the requested annexation based on the findings included in the
staff report.
Commission Discussion
Johnson: On page 15 . 1 , is this correctly numbered? RZA, is that for annexation?
Conklin: Yes, that is correct.
Johnson: I believe that this property along one entire line does adjoin the city all along the
west. It adjoins which subdivision?
Conklin: That's Stonewood Subdivision to the west.
Johnson: Does it adjoin the city on the south?
Conklin: It only joins the city limits on the west side.
Johnson: Would you explain the staffs rationale for recommending this annexation to the
city?
Conklin: This is approximately a 35 acre annexation. It does have approximately 190 feet
of frontage along Zion Road. The county judge did approve the Order of Annexation on August
17, 1999. We also included in your packet on page 15 .20, a new map showing Stonewood
Subdivision in the preliminary plat that was approved. It does provide access through 2 streets to
this property. Stonewood Subdivision currently is under development and would allow for
future connections into this 35 acres. Staff has recommended approval and annexing this
property in the City of Fayetteville would require them to comply with our subdivision
regulations which provides for fire protection, street lights, park land dedication, water and
sewer.
Minutes of Planning Commission Meeting
August 23, 1999
Page 33
Johnson: I have a question about the drawing on page 15 . 19. The area that is not a part of
this acreage along Zion Road, what are those buildings in essence to help me get oriented?
Conklin: Those are single family homes on large lots.
Harrington: Good evening. I don't really have anything else to add. The property across from
this is owned by Youth Bridge, I believe. There are residential houses on the corner there but it
is a residential use even though it is a Youth Bridge owned property on the corner where Zion
turns to the east. Everything else there is single family. We hope that you will support the
request for annexation.
Public Comment
Mark Foster, the developer of Stonewood Subdivision, was present to address the commission.
Foster: I 'm not for this.
Johnson: Now you realize this is an annexation.
Foster: Yes. I don't think there's a need to annex more. If they annex it they are going to
develop it. I think that would create too many lots in one spot.
Johnson: At this point, we are limiting the discussion to the annexation of the 34 acres into
the City. You need to give us insight into that. Do you have the subdivision to the west?
Foster: I just brought it through the approval process last month.
MOTION
Marr: I would like to recommend approval of RZA99-2.
Hoffman: Second.
Johnson: We have the motion by Commissioner Marr and the second by Commissioner
Hoffman to approve annexation RZA99-2. Is there discussion of the motion to annex?
Roll Call
Upon roll call, the motion passed with a unanimous vote of 9-0-0.
Johnson: The recommendation to Council is approved with a vote of 9 to 0.
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Johns, Planning
From: Heather Woodruff, City Clerk
Date: October 12, 1999
Attached is a copy of the ordinance confirming the annexation of property as requested in RZA
99-2 for your records. The original will be recorded at the County, then microfilmed and filed
with the City Clerk.
CC. Scott Caldwell, Data Processing
Ed Connell, Engineering
Tony Webb, Planning
Clyde Randall, Engineering
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION
C TY OF FAYETTTEVILLE, AITO THE
ARKANSAS RECE� VEp Case No. CC 99-7
OCT 2 9 1999
PETITION FOR CON FIRMAfAWOR FXATION
� KSO
Comes now, Valerie M. Zamberletti, Petitioner, and for her Petition for Confirmation of
Annexation states as follows:
1 . There was entered in this cause an Amended Order which annexed real estate
described on Exhibit "A" hereof, to the City of Fayetteville, Arkansas:
2 . Said Amended Order was duly filed in the County Records of Washington County,
Arkansas on August 17, 1999.
3 . No objections have been given to the authorities of the City of Fayetteville, nor to the
agents of the Petitioner, nor have any exceptions to the said Amended Order been filed with the
County Clerk of Washington County, Arkansas. '
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas.
5. The City of Fayetteville, Arkansas, accepted the territory, pursuant to Ordinance No.
4186, an Ordinance Accepting and Annexing Certain Territory to the City of Fayetteville, Arkansas,
said Ordinance being passed and approved on the 21 " day of September, 1999, a true and correct
copy of said Ordinance is attached hereto as Exhibit "B" and incorporated herein by reference.
WHEREFORE, the Petitioner prays that the annexation be confirmed, and that this Court find
that the Petition and all proceedings thereunder are in compliance with the statutes and that the action
�A itl , • � . .�; /J. �i Ou . .
. , . � Page 1
A
of the County Court, in its Amended Order of. August 17, 1999, be in all things approved and
confirmed.
VALERIE M. ZAMBERLETTI, Petitioner
HARRINGTON, MILLER, NEIHOUSE & KRUG
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(501) 751-6464
Attorneys for Petition
By.
Michele A. Harrington
Arkansas Bar No. 85217
fir, VERIFICATION
STATE OF x.L � )
) ss.
COUNTY OF Nn t a taw )
I, Valerie M. Zamberletti, hereby state under oath that I have read the above and foregoing
Petition for Confirmation of Annexation, and that the facts and allegations contained therein are true
and correct to the best of my knowledge and belief.
Valerie M. Zamerletti
SUBSCRIBED AND SWORN to before me, a Notary Public, this r' day ofofOcfTober,
1999.
My Commission Expires: 1%3 ( I� OO j I���� (1Th
Notary Public
t►ow
CERTIFICATE OF SERVICE
I, Michele A. Harrington, attorney for petitioner herein, hereby certify that I have served a true
copy of the within and foregoing on the City Clerk (or the City of Fayetteville, Arkansas, by placing a
copy thereof in the U. S. Mails, postage prepaid, addressed to her mailing address in Fayetteville,
Arkansas, this the .29' day ofr, 1999. 4W
Michele A. Harrington
Page 2
FILED
'99 RUG 17 RM 8 33
MARILYN EDWARDS
IN THE COUNTY COURT Otbn9tTQItj11cBRWNTY, ARKANSAS
WASHINGTON CO. ARK.
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
Case No. CC 99-7
AMENDED ORDER OF ANNEXATION
Now on this J7d y of , 1999, this cause comes on to be heard,
the Petitioner, Valerie M. Zamberletti, represented by her attorney, Michele A. Harrington, of
Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a
hearing of the cause and there being no protests or objections filed, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and the oral and documentary
evidence adduced, the Court being well and sufficiently advised finds:
1. The petition in this cause was filed on July 2, 1999, at which time this Court
fixed August 2, 1999, at 9:00 a.m., as the date of hearing for said cause, and that a full thirty
(30) days notice of hearing was given as required by law and the proof of publication of said
notice is now on file with the Clerk of this Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the petition are sustained by the
proof; that the limits of the territory to be annexed have been properly filed; that a majority of
the property owners having a freehold interest in the property hereinafter described joined in
the petition and constitute of the real owners of the area affected.
3. Based upon information from the Petitioner in this matter, there was a
typographical error in the Survey prepared by Engineering Services, Inc., which resulted a
Page 1
Exhibit "A"
•
typographical error in the legal description of the land proposed to be annexed to the City of
Fayetteville, Washington County, Arkansas. The correct legal description in this cause is
described as follows:
See Exhibit "A" attached
4. The area is not unusually large and it is contiguous and adjacent to and adjoins
the present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban
purposes and this territory should be annexed to and made a part of the City of Fayetteville,
Arkansas.
5. The Court's previous Order dated August 2, 1999, is hereby amended by this
Court to correct the typographical error contained in the legal description so provided herein.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of
the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature
of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act
142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et
seq., and this Amended Order shall be duly recorded by the Clerk of Washington County to
amend and re -state the Court's Order entered August 2, 1999.
JE RY NTON, County Judge
Page 2
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A port of the Northwest Quarter (NW 1/4) of the Northeast Quarter
(NE 1/4) of Section 19, Township Seventeen (17) North, Range
Twenty—nine (29) West in Washington County, Arkansas, and being
more particularly described as follows, to wit:
From the Southeast corner of sold 40 Acre Tract, being the POINT OF
BEGINNING, run thence S 89'57'48 W along .the 40 acre tract line for
195.00 feet; thence leaving sold 40 acre tract line NO'0409" W — 350
8 i.E feet; thence S 8957'48' W — 250 feet; thence NO'04'09"W — 75 feet;
thence N 8955'09" W — 262.72 feet to an existing Iron pin; thence N
8955'09" W — 45 feet; thence S 0'05'58" E — 425.63 feet to a point
on the 40 Acre Line: thence along said 40 Acre Line run S89'57'48"
W — 561.71 feet to the Southwest corner of said 40 Acre Tract;
thence N 0'22'59"W — 1317.25 feet (Deed Distance — 1287.86 feet) to
an existing Iron pin at the Northwest (NW) corner of sold 40 Acre
►� Tract: thence S 89'4242" E — 1321.43 feet to on existing Iron pin at
:.tee .^—zoo the Northeast corner of said 40 Acre Tract; thence SO'O4'O9"E-
200 400 1309.72 feet to the POINT OF BEGINNING and containing 34.72 acres,
more or less, subject to County Road Right—of—way along the South
line thereof, and subject to other easements and rights —of —way, if
ORDINANCE NO. 4186
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF
APPROXIMATELY 34.72 ACRES OWNED BY VALARIE M.
ZAMBERLETTI AS REQUESTED IN RZA99-2.
BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby confirms the annexation to the City of
Fayetteville. Arkansas, of the following described property:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That the above -described property is hereby assigned to ward No. ._1_.
PASSED AND APPROVED this '1" day of September , 1999.
APPROVED:
Idanna, Mayor
ATTEST:
By
Heather Woodruff, City Cle
Exhibit "B"
Ord. 4186
EXHIBIT "A"
A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE1/4) of Section 19, Township
Seventeen (17) North, Range Twenty-nine (29) West in Washington County, Arkansas, and being
more particularly described as follows, to wit:
From the Southeast comer of said 40 Acre Tract, being the POINT OF BEGINNING, run thence
S89°57'48W along the 40 acre tract line for 195.00 feet; thence leaving said 40 acre tract line
N0°04'09"W - 350 feet; thence S89°57'48"W - 250 feet; thence NO°04'09"W - 75 feet; thence
S89°55'09"W - 262.72 feet to an existing iron pin; thence S89°55'09"W - 45 feet; thence
S0°05'58"W - 425.63 feet to a point on the 40 Acre Line; thence along said 40 Acre Line run
S89°57'48"W - 561.71 feet to the Southwest comer of said 40 Acre Tract; thence N0°22'59"W -
1317.25 feet (Deed Distance- 1287.86 feet) to an existing iron pin at the Northwest (NW) corner
of said 40 Acre Tract; thence S89°42'42"E - 1321.43 feet'to an existing iron pin at the Northeast
comer of said 40 Acre Tract; thence S0°04'09"B -1309.72 feet to the POINT OF BEGINNING and
containing 34.72 acres, more or Tess, subject to County Road Right-of-way along the South line
thereof, and subject to other easements and rights -of -way, if any.
ORDINANCE NO 44186
AN ORDINANCE CONFIRM-
ING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ,
ARKANSAS, OF APPROXI-
MATELY 34.72 ACRES
OWNED BY VALARIE M. ZAM-
BERLETTI AS REQUESTED
IN RZA99-2.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKAN-
SAS:
Son 1That the City Council
hereby confirms the annexation
to the City of Fayetteville, Ar-
kansas, of the following descri-
bed property:
See Exhibit "A" attached hereto
and made a part hereof.
Section 2. That the above de-
scribed Property is hereby as•
signed to ward No.3.
PASSED AND APPROVED
this 21st day of September,
1999.
APPROVED:
By: Fred Hanna. Mayor
ATTEST,
By: Heather Woodruff, City
Clerk
/ircn 1�(ro L 'D) RECEIVED
STATE OF ARKANSAS
DEC 28 1999
County of Washington SS.
ACCTQ, DEPT.
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
certify that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows: /��
The first insertion on the day of 19 9 1
the second insertion on the
the third insertion on the
the fourth insertion on the
Sworn to and
before me on this
day of 19
day of 19
ay of 19
ter/General Manager
da of
19 1 L_
f., yt. r: ar to r
Catherine bUll
Public, Stateof + 4fatY°Ryblic
My Commission Expires: non,fUJ z
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Fees for Printing.......................................................$ q lb
Costof Proof............................................................. $
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