HomeMy WebLinkAboutOrdinance 4209 FILED FILED FOR RECORD
' 00 FEB 24 An 10 25
MARILYN EDWARD ; ' 00 FEB 24 An 10 09
E1) . & PRODA7E ELE, RK
'AS0IN T 0 N c � . AR:K . WASHINGTON AR
K • HARNESSS
ORDINANCE NO, 4209
AN ORDINANCE CONFIRMING THE ANNEXATION TO THE
CITY OF FAYETTEVILLE , ARKANSAS OF
APPROXIMATELY 320 ACRES OWNED BY THE CITY OF
FAYETTEVILLE, AS REQUESTED IN RZA99-4.
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. 4 .
PASSED AND APPROVED this 4th day of January 2000.
APPROVED:
,� F AVErIF`,
Q By:
` red Hanna, Mayor
a
PA
0
By:
'Heather Woodruff, City lerk
2000013720
• Ordinance 4209
EXHIBIT A 60_
EXHIBIT "A" ZE&4
The East half (E 1 /2) of Section Fourteen (14), Township Sixteen ( 16) North,
Range Thirty-one (3 1 ) west of the Fifth Principal Meridian, Washington County,
Arkansas, containing 320 acres.
2
03
2000013721 T�
00
leery that this in'+N�pjarlf 180 fli F�arnaes do' Orebn"
msf Mari M k heroby
office as Indfaate4 hereon f+led to rre�ro In my
recorded With the aglcnocrladaom�anmq fg noW duly
thereon in Record BPoic and patio 'nt and rarlficate
IN WITNESS WHEREOF. lahaye he�euptaatatif tget my
hand and affixed thq ggal pt said Court or the date indi-
ca n dhereon.
n •Lrl., Hamasg
C>< gf;Igin geecrdej
NAME OF FILE: /�/�tG//i�GG� ND • 'Y �Q
CROSS REFERENCE:
Date Contents of File Initials
/-�Da .ZD
G-
ti
Im
iY �
ORDINANCE NO,
AN ORDINANCE CONFIRMING THE ANNEXATION
TO THE CITY OF FAYETTEVILLE, ARKANSAS OF
APPROXIMATELY 320 ACRES OWNED BY THE CITY
OF FAYETTEVILLE, AS REQUESTED IN RZA99-4.
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.
PASSED AND APPROVED this day of 72000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
The East-half (EI /2) of Section Fourteen ( 14), Township Sixteen ( 16) North, Range Thirty-one
(3 1 ) West of the Fifih Principal Meridian, Washington County, Arkansas, containing 320 acres,
more or less.
m r z
Z
o m
0
N
O
o n
_59TH S
r
o n
ENEVI�V MAY �m� H,Q3I,,. .
.<,. . ^. .,�...b...„..,.,�..,..� ...,.. 4TH, A T
RAOU
°•COT.Y -RD 649
UN ,.,.a-. .'. .`„"` �.,e._.,.. T�J.:Li..
' m
m
r gat
BRA IES AVE a m o
d�' Al YI�}s'' `Y Y".I } PV v�Z Z .� _..^”'
y
"'br �Y +y.� ''b P i fa y
=y a�'„ .
all
pII
CAI
,f lw
C KSQ4
E O SDS D ,
.! S
C
OL
Nl - 0
A n T
141.
3
0 NN
V AVE
T
FYhld p �^��ti A �qT
c ,�° •_ FLO
GI
W VE
ar OT «...FBLyjyTE. D8n
RO AVE inn
LON�NI �i
x
P�gL,Y PRTn
IVgT .
imLSAN. V SANG Q.YE o
Pk{l!-LSP DR
N x E VE Lw..
GA z
ADTMAr
EXHIBIT A
ECRRT
o . F State of Arkansas
SECRETARY OF STATE
QAY
�RNAN5�5
Sharon Priest
SECR .IAEY OF STATE
February 29, 2000
The Honorable Marilyn Edwards
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Edwards:
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 02/29/2000 County: Washington City: Fayetteville
Annexation: Ordinance No: - 4209
Co. Order No. -99- 16
Plat - X
Election -
Island -
Incorporation: Ordinance No.
Co. Order No.
Plat
Election
Census Information
1st Class City
2nd Class City
Incorporated Town
I have forwarded this information to the Arkansas Municipal League. If you have any further questions
please do not hesitate to contact me at 1 -800-482 - 1127 or 682- 3451 .
Sincerely,
-a &-� a
Tena Arnold
Election Services Representative RECEIVED
MAR 3 2000
CITY OF FP..YaZ -EVILLE
CITY CLERK'S OFFICD
State Capital • Little Rock. Arkansas 72201 -1094 • (501 ) 682-1010
cECRET^ • •
�' i'6:• RL
State of Arkansas
SECRETARY OF STATE
�RRwNs�S
Sharon Priest
SECPXTAM OF STAYS
February 29, 2000
The Honorable Marilyn Edwards
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Edwards:
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 02/29/2000 County: Washington City: Fayetteville
Annexation: Ordinance No. - 4207 amends Ordinance 4187
Co. Order No. -99-8
Plat - X
Election
Island
Incorporation: Ordinance No.
Co. Order No.
Plat
Election
Census Information
1st Class City
2nd Class City
Incorporated Town
1 have forwarded this information to the Arkansas Municipal League. If you have any further questions
please do not hesitate to contact me at 1 -800-482 - 1127 or 682-3451 .
Sincerely, `I
C Ll �
Tena Arnold
Election Services Representative
State Capitol • Little Rock, Arkansas 72201 -1094 • (501 ) 682-1010
• . . 3 0 F � Ep �I , (.� Q
IN THE COUNTY COURT CTW lI1NGTgQN COJNTY, ARKANSAS
hDS
IN THE
TION OFLANDS TO THEOF:
ASN// COONCo.ATE
ARK. RECFiRiFp
ANNEX
CITY OF FAYETTEVILLE, ARKANSAS OCT 2 6 1999 4V�°
- G'Py OF i-.,, FFICE
CITY OF FAYETTEVILLE, ARKANSAS PVJf 6ff
Case No. CC 99- ��O
PETITION FOR ANNEXATION
Comes now, the Petitioner, City of Fayetteville, by its' Mayor, Fred Hanna, and for its'
Petition for Annexation, alleges and states:
1 . That petitioner is a municipal corporation duly organized and existing under the laws of
the State of Arkansas.
2. That the Petitioner is the sole record owner of certain real property situated in Washington
County, Arkansas, described as follows:
The East-half(EI/2) of Section Fourteen (14), Township Sixteen ( 16) North, Range
Thirty-one (3 1 ) West of the Fifth Principal Meridian, Washington County, Arkansas,
containing 320 acres, more or less.
3. That all of said real property is adjacent and contiguous to the present city boundary line
of the City of Fayetteville, Arkansas.
4. That a plat of said lands is attached hereto, marked as Exhibit "A" and made a part of this
petition by reference.
5 . That said lands are suitable for annexation to the said city and necessary for the proper
growth, prosperity and management of said lands and the City of Fayetteville, Arkansas.
6. Petitioner further states that the Assistant City Attorney, LaGayle D. McCarty, is
authorized to act for the Petitioner and on its' behalf in all matters connected with this petition and
subsequent hearings on annexation proceedings connected therewith.
WHEREFORE, the Petitioner, City of Fayetteville, Arkansas, prays that said lands be
annexed to the City of Fayetteville, Arkansas, after bearing thereon as required by law, and that this
Court, by its' order, fix a time for said hearing not less than thirty (30) days from the date of the
filing of this petition and for other property relief.
CITY OF FAYETTEVILLE, ARKANSAS
By:
F ed Hanna, Mayor
113 W. Mountain
Fayetteville, AR 72701
(501 ) 575-8313
CERTIFICATE OF 4F.RVi F.
I, LaGayle D. McCarty, hereby certify that have serviced a true and correct copy of the
Petition by hand delivery on this���`day of 999 to the City Clerk, City of
Fayetteville, 113 West Mountain, Fayetteville, AR 72701 .
LaGayle D. c arty
RFCFIVFD
OCT 2 6 1999
CITY OF F^YcTi EVILLE
CITYCLERK'S OFFICE
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS PETITIONER O4
Case No. CC 99-/It/;
ORDER
On this the 15� of , 1999, is filed the petition of real estate owners
desiring the annexation of territory to the City of Fayetteville, ansas, more particularly described
Tit /0= 00 Q . Sir
therein, and this Court does hereby fix the day of 1999, as the date for
hearing on said petition, and the Clerk shall give notice of such hearing as provided by law, said
hearing to be held in the office of the County Judge at Washington County Courthouse 280 N.
College, Fayetteville, AR 72701 .
Judg
a 6 co
cn n C=)2 R' :0 C',
M 07 _
r
CC> rn 3 0
CD a
n m o 0
7c N
co
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
FROM: Tim Conklin, City Planner
DATE: December 13,1999
RZA 99-4.00: Annexation (City of Fayetteville, pp 476) was submitted by Don Bunn on behalf
of the City of Fayetteville for property located south of Persimmon bound on the west by 54i° and
bound on the east by county road 648. The property contains approximately 320 acres .
RECOMMENDED MOTION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: X Required
Approved Denied
Date: 12/13/99
Comments:
CITY COUNCIL ACTION: _Required
Approved Denied
Date: /I
BACKGROUND:
The City has requested this 320 acre annexation for the proposed sewer treatment plant site. The
site automatically comes into the City zoned A-1, Agricultural. Treatment plants are listed under
Use Unit 3 - Public Protection and Utility Facilities and are a use by right under A-1 zoning. The
actual location of the treatment plant has not yet been determined on this property; however, it
will likely be located near Goose Creek which is located on the southern portion of the property.
The property does contain areas of 100 year floodplain and floodway along Goose Creek located
on the southern portion of the property and Owl Creek located on the northeastern portion of the
property.
The property does contain
a small cemetery,
an historic homestead and
one single family
residence. The remainder
of the property is
undeveloped and has been
used as pasture land.
The order of annexation was filed on October 26, 1999 and the confirmation of the order was
signed by Washington County Judge Jerry Hunton on November 29, 1999.
ADJACENT LAND USE AND ZONING:
North: Undeveloped, Single Family Homes, A-1
South: Undeveloped, County
East: Undeveloped, Single Family Home, County
West: Undeveloped, Single Family Homes, County
INFRASTRUCTURE:
Streets: North: Persimmon, Classified as a Collector (70' of row required)
South: S. 54i° Avenue, Classified as a Local street
East Broyles, Classified as a Collector (70' of row required)
West: 541° Avenue, Classified as a Principal Arterial (110' of row required)
Water: 8" line along 54'" , 2" line along Persimmon, 8" line along S. 54ih,
Sewer: 10" line crossing the northeast comer of the property.
LAND USE PLAN: General Plan 2020 classifies this area as residential. The south portion of
this property is located in the Farmington Planning Area. Cities are allowed to annex areas
located in other planning areas. The City of Farmington has been provided a copy of the report.
H:%USERSICOMMOMBrcntNPC12-13-99'R]A99-4 City of Nyctw ife.wpd
Planning Commission
December 13, 1999
RZA99-4 City of Fayetteville
Page 6.2
N 1600 0 1600 Feet
E
S
•
FILED
'99 NU 29 RIB 10 07
IN THE COUNTY COURT OF WASH eV1V J, ARKANSAS
MM ROBATE CLERK
IN THE MATTER OF:
ANNEXATION OF LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS
CO.&P
WASHINGTON CO. ARK.
Case. No. CC 99-16
ORDER OF ANNEXATION
PETITIONER
NOW on this 29th day of November, 1999, the Petition for Annexation filed herein came
on for hearing before the Washington County Court. From the evidence presented and a review
of the complete case file, the Court finds:
1. The City of Fayetteville, Arkansas, is the sole owner of all the real property described
in Exhibit "A" attached to the Petition for Annexation which real property is described in Exhibit
"A" to this Order.
2. Said real property is contiguous to and adjoining the City of Fayetteville, Arkansas.
3. Petitioner has caused a Notice of the hearing on the Petition for Annexation to be
published one time a week for three consecutive weeks in the Northwest Arkansas Times a
newspaper of general circulation in Washington County. Said notice contains the substance of
the Petition and states the time and place for the hearing on said petition. Proof of Publication of
said notice has been filed with the Court.
4. The Court is satisfied that the limits of the territory to be annexed have been
accurately described and an accurate map thereof made and filed, and that the prayer of the
Petitioner is right and proper.
coal
IT IS, THEREFORE, ORDERED by the County Court of Washington County,
Arkansas, that the Petition for Annexation filed herein is hereby granted and the real property
described in Exhibit "A" attached to this Order is hereby annexed to the City of Fayetteville,
Arkansas.
DATED thiso7 / d y of ___ 1999.
Wa hin ton C unty Judge
Planning Commission Minutes
December 13, 1999
Page 25
RZA99-4: ANNEXATION
CITY OF FAYETTEVILLE, PP476
This item was submitted by Don Bunn on behalf of the City of Fayetteville for property located
south of Persimmon bound on the west by 54'^ and bound on the east by county road 648. The
property contains approximately 320 acres and is in the Fayetteville growth area.
Don Bunn was present on behalf of the request.
Staff Recommendation
Staff recommends approval of the requested annexation based on the findings included as part of
this report.
Commission Discussion
Johnson: This is the property which the City has purchased and on which it proposes to Pz
build the second sewage treatment plant on the west side of town. The staff is recommending Cap
approval of this annexation. The commission deals with the annexation and acts on it one way or Yl/
another but as you know, the City Council makes the final determination as to whether or not the
land is annexed. We toured this property in the heavy rain the other day. We know where it's
located. It's a large tract of essentially undeveloped property. There is one old house that the
city is protecting and I believe there is a cemetery that won't be disturbed. I understand that the
house has historic value and it is going to be preserved as well. I believe that the thinking is that
the construction is not going to be that close to the house. I don't know that and I don't whether
an exact site has been set. I believe the house is not threatened by this project.
Conklin: That is correct. The City will work around the historic homestead on this property
and leave the cemetery intact. There is enough acreage to site the sewage treatment plant.
Between 30 and 40 acres is estimated to be needed for the sewage treatment plant so actually
there is quite a bit more land than what truly is needed just for the actual plant.
Johnson:
Mr. Bunn,
do you have a presentation for us or
are you here for questions? We
are glad to
here whatever
you have to say to us this evening.
Bunn: I don't have a presentation. I will be glad to answer any questions that you might
have. The location of the treatment plant on the site is planned to be confined to the south 120
acres. There are two 100 acre tracts to the north which was purchased really for the purpose of
making the land adjacent to the our existing city limits. I'll be glad to answer any questions that
you have.
Planning Commission Minutes
December 13, 1999
Page 26
Johnson: Initial questions?
Hoffman: Normally an annexation comes with a rezoning and this doesn't have one.
Conklin: Treatment plants are a use unit 3 and are allowed as a use by right in an A-1 zone.
Therefore, we do not need to rezone this property for the treatment plant. It will come back
through the City process as a large scale development and we will see the project again here at
Planning Commission.
Public Comment
M.G. Meyerson of Farmington was present.
Meyerson: My question is that 2 years ago there was a vote put before the people on
annexing this land into the City of Fayetteville. That was voted down. Can you explain to me
the procedure of how this is being brought to light once more and that the City of Fayetteville is
going ahead to make plans to purchase the land and annex it?
Johnson:
It's
my
understanding and I'll
let staff correct me if I'm wrong. It's my
understanding
that
the
City has purchased the
property.
Bunn: Yes.
Johnson: The City is then the owner of the property and the City as the owner may seek to
annex it's own property which this now is. I believe that is the primary difference. It's one thing
if you seek to annex somebody else's property but if you are annexing your own property, I
believe that is the way it is typically done.
Meyerson:
MOTION
Ward:
Johnson:
Marr:
Johnson:
Marr that we approve RZA99-4 to annex the 320 acres into the City. Is there discussion? This is
to recommend that the Council proceed with the annexation of the land.
That's very interesting. Thank you.
I move approval of RZA99-4 for the 320 acres.
Is there a second?
Second.
We have the motion by Commissioner Ward and the second by Commissioner
Planning Commission Minutes
December 13, 1999
Page 27
Hoffman: I will not support the annexation. Not because I don't think that we need more
sewer capacity but because I feel that there has been a problem with the site selection in terms of
the location. I don't know if we could have found property all ready within the city limits. I'm
not up on that. I feel that I need to state the reason why I am voting against this. It's because I
would have liked to have been appraised of whether there was property already within the City
and not needing to put our sprawl in this area.
Johnson: Other comments or questions on this motion?
Roll Call
Upon roll call, the motion passed with a vote of 6-1-0. Commissioner Hoffman voted against the
motion.
oiP Vzo9
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville
City Council meeting of January 4, 2000.
FROM:
Tim Conklin
Planning Public Works
Name
Division Department
ACTION REQUESTED: To
approve an ordinance for RZA 99-4.00 submitted by Don Bunn
on behalf of the City
of Fayetteville for property located south of Persimmon,
bound on the west by 54th and bound on the east by county road 648. The request
is to annex approximately
320 acres.
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:
AAccLun/inA Manager
Date ADA Coordinator Date
Ci y At oru y
Date Internal Auditor Date
Purchasing Officer
Date
STAFF RECOMMENDATION:
Staff recommended approval and the Planning Commission
approved the annexation with a vote of 6-1-0. Commissioner Hoffman voted against
the annexation.
Date
IL -co 49
Date
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEV1tLE �
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
To: Tim Conklin, City Planner
From: Heather Woodruff, City Clerk
Date: January 12, 2000
Attached is a copy of the ordinance confirming the annexation in
request RZA
99-4. The
original will
be filed with the County, then microfilmed and filed
with the City
Clerk.
cc: Don Bunn, Assistant Public Works Director
Ed Connell, Engineering
Tony Webb, Planning
Jim Johnson, 911 Coordinator
John Goddard, Data Processing
Scott Caldwell, Data Processing
Clyde Randall, Engineering