HomeMy WebLinkAboutOrdinance 4187 FILED FOR RECORD
' 99 NOU 3 P(� 2 55
WASHINGTON CO AR
K E'ARIIESS
ORDINANCE NO. 4187
AN ORDINANCE CONFIRMING THE ANNEXATION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, OF APPROXIMATELY
47.98 ACRES OWNED BY JOHN DEWEESE AND MIKE
SCHMIDT, AS REQUESTED IN RZA99-3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section L. 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.
Section2. That the above-described property is hereby assigned to ward No. 4
PASSED AND APPROVED this 21 ' day ofSeptemher , 1999.
APPROVER/SLI
By7—� ✓/
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Cie c
arETrF`
1 ir
99099445
' Ord . 4187
EXHIBIT "A"
A PART OF THE WEST HALF (WI/2) OF THE NORTHEAST QUARTER (NE1/4) OF
SECTION FIFTEEN ( 15) AND A PART OF THE SOUTHWEST QUARTER (SWI /4) OF THE
SOUTHEAST QUARTER (SEI/4) OF SECTION TEN (10), ALL IN THE TOWNSHIP SIXTEEN
( 16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI /4)3 SAID POINT
BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00 ° 38'43"E
ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST
QUARTER (SEI/4) 342.00 FEET TO A SET IRON; THENCE S89 °23'32"E 198.00 FEET TO A
SET IRON; THENCE ALONG THE CENTER OF AN EXISTING HOLLOW, THE FOLLOWING
BEARINGS AND DISTANCES :
S26055'03 "E 114.53 FEET
S58047'01 "E 69.85 FEET
S40005'00"E 121 . 17 FEET
S42044'34"E 112.77 FEET
S18031 '55"E 32.80 FEET
TO A SET IRON ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE
SOUTHEAST QUARTER (SEI /4); THENCE S89023'32"W ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI /4) 320.01
FEET TO A SET IRON WHICH IS N89023'32"W 528.00 FEET FROM THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER
(NEI/4) OF SAID SECTION; THENCE S01 '05'51 "W 330.00 FEET TO A SET IRON; THENCE
S89023'32"E 528.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST
QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION, SAID
POINT BEING IN COUNTY ROAD 927 (DOUBLE SPRINGS ROAD) AND FROM WHICH A
REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS
N89023'32"W 31 .40 FEET; THENCE S01 °05'51 W 996.68 FEET TO AN EXISTING
SURVEYOR'S NAIL AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
(NWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SAID SECTION; THENCE
SOI 031 '54"W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE
NORTHEAST QUARTER (NEI/4) OF SAID SECTION 292.54 FEET TO A POINT FROM
WHICH AN EXISTING CONCRETE MONUMENT ON THE WEST RIGHT-OF-WAY OF SAID
ROAD BEARS N89015'59"W 30.80 FEET; THENCE LEAVING SAID ROAD, N89 ° 15'59"W
ALONG THE NORTH LINE OF DOUBLE SPRINGS ESTATES, A SUBDIVISION OF
WASHINGTON COUNTY, ARKANSAS AS FILED IN SURVEY BOOK 11 , AT PAGE 44, IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, 1327. 19 FEET TO A SET IRON ON THE WEST LINE OF THE
SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF SAID
SECTION; THENCE NOl ° 12'11 "E ALONG THE WEST LINE OF THE SAID WEST HALF
(WI/2) OF THE NORTHEAST QUARTER (NEI/4) 1616.31 FEET TO THE POINT OF
BEGINNING, CONTAINING 47.98 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS. THE ABOVE DESCRIBED 47.98 ACRE TRACT BEING SUBJECT TO THE
RIGHT-OF-WAY OF COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) ALONG THE
EASTERNMOST BOUNDARY.
99099446
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hand and affix ad the 6641 of Old 66ZI" on the date indi•
catad hereon.
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,Ir" and F6.Fl(f!p`i� geCgrder
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- 3 submitted by Michele
Harrington , attorney on behalf of John DeWeese and Mike Schmidt for property
located west of Double Springs Road . The property is in the planning growth area
and contains approximately 97 . 98 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 :
Acc nti 9 agerspate „9 ADA Coordinator Date
+ hJ
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 .
Cross Reference
D ' sion He Date
ar t iLSicEes
Lte New Item : Yes No
in ' tra LDate Prev Ord/Res# :
Dire y
May r Date Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS 113W. 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 99-3.00: Annexation (DeWeese/Schmidt, pp 474) was submitted by Michele Harrington,
attorney on behalf of John DeWeese and Mike Schmidt for property located west of Double
Springs Road. The property is in the planning growth area and contains approximately 47.98
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 99-3 DeWeese/Schmidt
Page 17. 1
BACKGROUND :
The applicant requests the annexation of property along Double Springs Road to the south and
west of Fayetteville City Limits in order to rezone the property to R- 1 (Single Family
Residential.) The property is owned by John DeWeese, Mike Schmidt, and Karen Schmidt. On
August 9, 1999, the Washington County Judge confirmed the Order of Annexation for the
property to be annexed into the City of Fayetteville. The property is located west of Fayetteville
and south on Double Springs Road between Fayetteville and Farmington. Approximately 200
feet of the subject property adjoins the Fayetteville City Lin-fits. The property is approximately
1000 feet north of the Farmington City Limits.
ADJACENT LAND USE AND ZONING:
North: Owl Creek, undeveloped property, and single family residences exist to the north.
South: A subdivision of single family residences exist outside the Fayetteville City
Limits and Farmington City Limits to the south.
East: Single family residences exist outside the city limits.
West: Single family and undeveloped land exist outside the city limits.
INFRASTRUCTURE:
Streets: Double Springs Road is a minor arterial with 90' of R.O.W. (45' from centerline)
Water: There is a 4" waterline along the west side of Double Springs Road.
Sewer: There is a 10" force main existing along Owl Creek northeast of the property. It
ends at a lift station located approximately 1250' north of the property.
LAND USE PLAN:
The General Plan 2020 shows this area as Residential.
Planning Commission Meeting
August 13, 1999
RZA 99-3 DeWeese/Schmidt
Page 17.2
• gg RUG
I.; ARILYN Eo•�� Af:es
IN THE COUNTY COURT OF WASH INGTOI WQVN)5 W1Rk S
� A� HINGTON CO .
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 99-8
ORDER OF ANNEXATION
Now on thisay of 1999, this cause comes on to be heard,
the Petitioners, John DeWeese, Mike Schmidt and Karen Schmidt, represented by their
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 July 6, 1999, at which time this Court fixed
August 9, 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.
Planning Commission Meeting
August.23, 1999
RZA 99-3 DeWeeselSchmidt
Page 17.3
3 . The land proposed to be annexed to the City of Fayetteville, Washington
County, Arkansas, 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.
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 Ad 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 Ads of Arkansas for the year 1963, as codified in Ark. Code Ann. § 1440-601 , et
seq., and this Order shall be duly recorded by the Clerk of Washington County.
JER Y HU1 TO , County Judge
Planning Commission Meeting
August 23, 1999
RZA 99-3 DeWeese/Schmidt
Page 17. 4
RZA99- 3 . 00 - Deweese/Schmidt - Close Up
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August 23, 1999
RZA 99-3 DeWeese/Schmidt
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August 23, 1999
RZ 99-3.00 Zamberlettii
S Page 17. 7
Minutes of Planning Commission Meeting
August 23, 1999
Page 37
RZA99-3: ANNEXATION
DEWESSE/SCHMIDT, PP474
This item was submitted by Michele Harrington, attorney on behalf of John DeWeese and Mike
Schmidt for property located west of Double Springs Road. The property is in the planning
growth area and contains approximately 47.98 acres. The request is to annex the subject property
into the City of Fayetteville.
Michele Harrington was present on behalf of the request.
Staff recommended approval of the request annexation based on the findings included in the staff
report.
Commission Discussion
Conklin: The applicant originally came to the City with a subdivision in our growth area.
At that time, staff checked our regulations and determined that being adjacent to our city limits,
we required them to put in curb and gutter, storm drainage, and more urban type infrastructure
than would be required for a subdivision that does not adjoin our city limits. Based on that,
when they came through the technical plat review process, they withdrew their subdivision
request and petitioned to annex into the City of Fayetteville. Once again, if annexed into the City
of Fayetteville, they come under more stringent subdivision regulations which will require fire
protection, street lights, park land dedication or money in lieu and staff has recommended
approval. It does have approximately 200 feet of common boundary with our city limits and is
located on Double Springs Road.
Johnson: Where does it touch the city limits? To the east on Double Springs?
Conklin: It's going to be touching our city limits if you refer to page 18.6, it will be right in
the center of the tract.
Johnson: You mean 17.6 or 18.6?
Conklin: 17.6. The city limit line is the thicker dotted line right in the center part of the
north boundary.
Johnson: So, it only touches a small portion.
Conklin: Once again, our staff encouraged them to annex into the City of Fayetteville in
order to develop their subdivision under urban subdivision standards.
Minutes of Planning Commission Meeting
August 23 , 1999
Page 38
Johnson: Do you see any draw backs from the staff s point of view to this annexation?
Conklin: I think it benefits the city and the citizens anytime we have a development that
adjoins our city limits, for them to come in and provide water, sewer, fire protection, police
protection, and become part of our city.
Johnson: Do you have anything to add, Ms. Harrington?
Harrington: I'm representing John DeWeese and Mike Schmidt. I don't think I have anything
further to add because Tim explained it very well. We ask you to support this annexation.
Public Comment
None.
MOTION
Ward: I' ll make a motion that we approve RZA99-3 for annexation.
Johnson: Is there a second?
Bunch: Second.
Johnson: We have the motion by Commissioner Ward, the second by Commissioner Bunch
that we approve RZA99-3 .
Roll Call
Upon roll call, the motion passed with a unanimous vote of 9-0-0.
Johnson: The proposed annexation does get a positive vote of 9 to 0 and it will go forward
to the Council for its action.