HomeMy WebLinkAboutOrdinance 4309 WLED FOR RECORD
FILED ' 01 N 8 PIS 2 45
' 01 MY 8 PM 2 55 WASHINGTON CO AR
NARILYN EDIT/ARDS B. STAMPS
CO. & PROBATE CLERK
4YASHINGTON CO . ARK .
ORDINANCE NO. 4309
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION RZA01 . 1 .00 FOR
A PARCEL CONTAINING APPROXIMATELY 40 ACRES
LOCATED EAST OF SUNSHINE ROAD AND NORTH OF
HIGHWAY 16 AS SUBMITTED BY MICHELE A.
HARRINGTON ON BEHALF OF TMC & ASSOCIATES
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.
Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural.
Pe*ED AND APPROVED this 1s` day of May, 2001 .
r
5 �,vx'ie APPROVED :
do By:
Dan Coody, Mayor
ATTE
By: H*ea
Heather Woodruff, City Clerk
2001 051 536
ord . 4309 Ex
Lti
• • De
EXHIBIT A
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZA 01 - 1
THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION
TWO (2), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (31 ) WEST, ALSO
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
S00011 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST
CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET
RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
N00012'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89050'24"E 1323 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER
LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST
BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY.
m
x
D
2001051537
I, Bette Stamps, Circuit Clerk and Ex-o5!clo Recorder
for Washington County, Arkansas, do hareby certify
that this instrument was filed for record in my offics as
indicated hereon and the same is now duly recorded
with the acknowledgement and oertAGate thsreon
in Record Book and Pago as inaice!ad thereon.
IN WITNESS WHEREOF, I have heraunto set my
ti hand and affixed the seal of said Court on the dote Indi-
cated hereon.
Retry Stzmp�
Cirait e ' d Fx-0ffcio Recorder
by
NAME OF FILE: Ordinance No. 4309
CROSS REFERENCE:
05/01/01 Ordinance No. 4309
Exhibit `A" (Legal Description for RZA 01 - 1 .00)
03/02/01 Planning Division Correspondence
03/26/01 Planning Commission Minutes (Pages 58-60)
05/10/01 Letter to Michele A. Harrington from Heather Woodruff
04/17/01 Staff Review Form
05/04/01 Departmental Correspondence to Tim Conklin, Planning Division, from
Heather Woodruff, City Clerk
05/ 10/01 Proof of Publication
05/15/01 Letter from Marilyn Edwards, Washington County & Probate Clerk,
from the State of Arkansas, Secretary of State, stating that this ordinance
has been recorded and filed in the Office of the Secretary of State.
Petition for Confirmation of Annexation; County Court of Washington
County, Arkansas, Case No. CC 2001 -6; Bob Covey and Tammy Covey
NOTES :
NAR-05-01 NON, 15 : 16 HARP ' NFON & ASSOC. PA FAX NO. 7513715 P. 02
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVII I X. ARKANSAS Case No. CC 200"
AFFIDAVIT
STATE OF TEXAS )
) ss-
COUNTY OF HARRIS )
We, G.S. Calvert and Letha Calvert, uncles oath hereby state that we have actual notice of the
proccodings fur annexation of the following larxl, which is in Washington County, Arkansas, into tho
City of Payetteviile, which is described as follows:
THE SOUTHEAST QUARTER (SEIX) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION
TWO (2), TOWNSUIP SIXTEEN (16) NORTH, RANGE ni-IRTY-0NE (31) WEST, ALSO BFTNG
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER. OF SAID 40 ACRE
TRACT; THENCE S00'I1107"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT TFIE
SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE 389'58'09"W 1322.57 FEET TO A
SET RAILROAD SPIYE AT THE SOLM-rWEST CORNER OF SAID 40 ACRE TRACT; TBENCE
NOW12758"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89050'24"E 1323.30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED
40.00 ACRE TRACT' BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER LINE
EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST
BOUNDARY, AND ANY OTHRR EASEMENTS OF RECORD, IF ANY.
We certify under penalty of perjury that we are the legal owners of record of the above-described
property, which is under a Contract for We and Purchase with Bob and Tammy Covey, and we have no
objection to the annexation of said property into the City of Fayetteville.
Further affiants sayeth not.
Calvert
,I),*% GAIL GETSCHMAN I„et�y rt
8+ Noun Public. Sate of Tc=
.f Ary ( ommn<ion F:<pircn
to before me, alNotary Public, tbis.#) �day of A ' f� 2001 .
My Comm �"
Commission Expires: `� -"'J " -
N
�- li -aoo �
Exhibit " B "
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION RZA01 - 1 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 40 ACRES LOCATED
EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16
AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF
OF TMC & ASSOCIATES
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.
Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural.
PASSED AND APPROVED this day of 2001 .
APPROVED:
By :
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZA 01 - 1
THE SOUTHEAST QUARTER (SE]/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION
TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, ALSO BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S0091 '07"E
1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST CORNER OF SAID 40
ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE
SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00° 12'58"W 1319.20 FEET TO
THE NORTH WEST CORNER OF SAID 40 ACRE TRACT; THENCE S89°50'24"E 1323 .30 FEET
TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS . THE ABOVE DESCRIBED 40.00 ACRE TRACT
BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50)
FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER
EASEMENTS OF RECORD, IF ANY.
P
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-5264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P. , City Planner
DATE: March 21 , 2001
RZA 01-1 .00: Annexation (TMC & Associates, pp 359) was submitted by Michele A.
Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north
of Highway 16. The property is in the City Planning Area and contains approximately 40 acres.
The request is to annex into the city.
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: March 26, 2001
CITY COUNCIL ACTION: Required YES
0 Approved O Denied
Date:
Comments:
H:1 USERSICO"WONIDAWN9IREPORTSIpC13-26-0/l anc_ma. wpd
BACKGROUND:
The subject property is located just west of the future phases of Bridgeport Subdivision. Access
is from WC 887, Sunshine Road and from WC 882, less Anderson Road. Eventually access will
be available through Bridgeport by way of the Master Street Plan collector New Bridge Drive.
The site is north and west of the Fieldstone Subdivision, however, access to that development is
not available from this location.
The 40 acre tract is surrounded on three sides (north, south and west) by county property and on
the east by undeveloped R- 1 property. The area is well within the City's Planning Area
boundary, it is situated at the far western edge of Fayetteville. This property is currently claimed
by the Farmington School District.
Should this property be successfully annexed into the City of Fayetteville, the applicant wishes to
develop a single family residential subdivision under R-1 zoning. Annexation of this tract would
provide for an orderly development which would comply with all City ordinances, specifically
those regarding, tree preservation, access, grading, drainage, storm water, park land, sidewalks,
land use and others. The property would make better use of infrastructure as well as natural
resources as an addition to the City of Fayetteville than it would if left to develop under county
standards with no oversight regarding land use. It is not in the City' s best interest to encourage
unregulated development with potentially hundreds of septic systems adjacent to the City limits
and within the Planning Area which is designated as the area into which the City expects to grow
in the future. It is for these reasons that staff recommends approval of the requested annexation.
SURROUNDING LAND USE AND ZONING
North: County property, Residential, Agricultural
South: County property, Residential, Agricultural
East: Vacant (future phases of Bridgeport Subdivision), R-1
West: County property, Residential, Agricultural
STAFF COMMENTS:
In an effort to include all City division or departments which may be affected by this proposed
annexation, a "Level of Service" report was generated and each Public Works Division Head as
well as the Administrative Services Director, Asst. Public Works Director, Chief of Police and
Interim Fire Chief were asked to respond. The responses which were received are included as a
part of this report.
LAND USE PLAN: General Plan 2020 designates this site Residential .
H:I USERS;COAZNOMDA4VNT 1 REPOR7NIPC I3-26-O11(mc_ra.wpd
g .___ . . —. _ _ A
I Dawn Warrick = Rezoning Report
From: "OMI/Fayetteville (FAY)" <omifay@omiinc.com>
To: <dwarrick@ci.fayetteville.ar. us>
Date: 3/20/01 4:35PM
Subject: Rezoning Report
Dawn,
Re: RZA 01 -1 .00 & RZ 01 -6.00
Current level of service:
The wastewater treatment plant (WWTP/OMI) operates and maintains sewer lift
station # 7 (a.k.a Hamstring Creek) at 2034 North County Road # 877, which
will receive wastewater discharged from the areas in question for these two
proposed rezoning actions. This lift station is at approximately 60%
capacity during dry weather flow, but does experience overflow conditions
during significant rainfall events.
Impact of proposed annexation:
Under the proposed low-density residential zoning, the additional loading to
this station would be negligible during dry weather conditions, but would
become a small percentage of the overall wastewater that overflows at this
location during significant rainfall events. The City's ongoing plan to
deal with sewer overflow problems, however, should be more than capable of
dealing with this additional loading as the proposed sewer improvements are
put in place over the next 3-5 years.
We hope that this response is sufficent for your needs. Have a nice day!
Billy Ammons
WWTP/OMI
1500 North Fox Hunter Road
Fayetteville, AR 72701
501 .443.3292
email - omifay@ch2m.com
Annexation / Rezoning
Level of Service Report
Division : Fngineering Date: '3/19/01
Name / Title' gnu Petrie! Staff Engineer
Project: RZA 01-1.00: Annexation (TMC & Associates, pp 359) was submitted by
Michele A. Harrington on behalf of TMC & Associates for property located east
of Sunshine Road and north of Highway 16. The property is in the City Planning
Area and contains approximately 40 acres. The request is to annex into the city.
RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele
A. Harrington on behalf of TMC & Associates for property located east of
Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural
and contains approximately 40 acres. The request is to rezone to R- 1 , Low
Density Residential.
Please provide comments regarding the impact of the proposed annexation and rezoning which
will be forwarded to the Planning Commission and City Council for their consideration when
reviewing these requests. Responses and additional information may be continued on the back of
this report or on additional pages as necessary.
1 . Current level and/or type of service provided (describe) :
The Engineering Division will review the proposed development for compliance with
Water & Sewer Standards, Minimum Street Standards, Grading requirements, and the
Drainage Criteria Manual.
2. Statement regarding the impact of the proposed annexation on the level and/or type
of service provided by your division:
This project will have little effect on the Engineering Review level of service. The
developer's of this property should be aware that water will not available until the final
phase of Bridgeport Subdivision (Phase VI) is completed. Also, there will be a $200.00
per lot assessment for sewer improvements in the Hamstring Creek Basin. The Assistant
Public Works Director, Don Bunn, should address the sewer plant capacity.
C.'WyFilesl miscWSReport.ivpd
Annexation / Rezoning
Level of Service Report
=tJSPK'r-ia� x- zO — I
Division : Date:
Name / Title:
Project: RZA 01-1 .00: Annexation (TMC & Associates, pp 359) was submitted by
Michele A. Harrington on behalf of TMC & Associates for property located east
of Sunshine Road and north of Highway 16. The property is in the City Planning
Area and contains approximately 40 acres. The request is to annex into the city.
RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele
A. Harrington on behalf of TMC & Associates for property located east of
Sunshine Road and north of Highway 16. The property is zoned A-1 , Agricultural
and contains approximately 40 acres. The request is to rezone to R-1 , Low
Density Residential.
Please provide comments regarding the impact of the proposed annexation and rezoning which
will be forwarded to the Planning Commission and City Council for their consideration when
reviewing these requests . Responses and additional information may be continued on the back of
this report or on additional pages as necessary.
1 . Current level and/or type of service provided (describe):
tJ O f.i E
2. Statement regarding the impact of the proposed annexation on the level and/or type of
serv/)/ ce provided by your division:
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El
Annexation / Rezoning
Level of Service Report
Division: 71�� R5 I `/ D#)
Name / Title:
Project:
RECEIVED
MAR 1 5 2001
PLANNING DIV.
Date: " Q
RZA 01-1.00: Annexation (TMC & Associates, pp 359) was submitted by
Michele A. Harrington on behalf of TMC & Associates for property located east
of Sunshine Road and north of Highway 16. The property is in the City Planning
Area and contains approximately 40 acres. The request is to annex into the city.
RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele
A. Harrington on behalf of TMC & Associates for property located east of
Sunshine Road and north of Highway 16. The property is zoned A-1, Agricultural
and contains approximately 40 acres. The request is to rezone to R-1, Low
Density Residential.
Please provide comments regarding the impact of the proposed annexation and rezoning which
will be forwarded to the Planning Commission and City Council for their consideration when
reviewing these requests. Responses and additional information may be continued on the back of
this report or on additional pages as necessary.
1. Current level and/or type of service provided (describe):
46ne
2. Statement regarding the impact of the proposed annexation on the level and/or type of
service provided by your division:
X: I USERS1COAAMOMFORAISIsemice_repon. wpd
0
M
Division:
Name / Title:
Annexation / Rezoning
Level of Service Report
Date:
Project: RZA 01-1.00: Annexation (TMC & Associates, pp 359) was submitted by
Michele A. Harrington on behalf of TMC & Associates for property located east
of Sunshine Road and north of Highway 16. The property is in the City Planning
Area and contains approximately 40 acres. The request is to annex into the city.
RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele
A. Harrington on behalf of TMC & Associates for property located east of
Sunshine Road and north of Highway 16. The property is zoned A-1, Agricultural
and contains approximately 40 acres. The request is to rezone to R-1, Low
Density Residential.
Please provide comments regarding the impact of the proposed annexation and rezoning which
will be forwarded to the Planning Commission and City Council for their consideration when
reviewing these requests. Responses and additional information may be continued on the back of
this report or on additional pages as necessary.
Current level and/or type of service provided (describe):
2. Statement regarding the impact of the proposed annexation on the level and/or type of
service provided by your division:
,,.rr.xensr ✓ Rcywe
H:1 USERSICOMMOMFORNINiservice_mport. wpd
Q
to
Annexation / Rezoning
Level of Service Report
Division: Sidewalk and Trails Date: March 16, 2001
Name / Title: Keith Shreve, Development Coordinator
Project: RZA 01 - 1.00: Annexation (TMC & Associates, pp 359) was submitted by
Michele A. Harrington on behalf of TMC & Associates for property located east of
Sunshine Road and north of Highway 16. The property is in the City Planning Area
and contains approximately 40 acres. The request is to annex into the City.
RZ 01 - 6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele
A. Harrington on behalf of TMC & Associates for property located east of Sunshine
Road and north of Highway 16. The property is zoned A-1, Agricultural and contains
approximately 40 acres. The request is to rezone to R-1, Low Density Residential.
Please provide comments regarding the impact of the proposed annexation and rezoning which will be
forwarded to the Planning Commission and City Council for their consideration when reviewing these
requests. Responses and additional information may be continued on the back of this report or on
additional pages as necessary.
1.
Current level and/or type of service
provided
(describe):
The
Sidewalk and Trails
Division currently
does not
provide any services to this
area.
2. Statement regarding the impact of the proposed annexation on the level and/or type of service
provided by your division:
Immediate impact would be minimal. Sidewalk construction would be required as development
occurred, with the cost born by the developer/owner.
If street improvements
(to existing
County
roads'), were made by the City then
sidewalk construction
costs would
be included
with
the
street improvements.
FILED
'01 FEB 27 Pal 1 51
MARILYN EDWARDS
IN THE COUNTY COURT OF WAS�1 I1% bOuNTFY. ARKANSAS
WASHINGTON CO. ARK.
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2001-6
ORDER OF ANNEXATION
Now on this 26`h day of February, 2001, this cause comes on to be heard, the
Petitioners, Bob Covey and Tammy Covey, husband and wife, 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 on January 24, 2001, at which time this
Court fixed February 26, 2001, at 10:30 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.
Page 1
P
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 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 Order shall be duly recorded by the Clerk of Washington County.
J HUdNttounty Judge
THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST,
ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER
OF SAID 40 ACRE TRACT; THENCE S00°11'07"E 1314.80 FEET TO AN ALUMINUM
MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER
OF SAID 40 ACRE TRACT; THENCE N00°12'58"W 1319.20 FEET TO THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT; THENCE 589°50'24"E 1323.30 FEET TO THE POINT
OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS. THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT
TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE
ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS
OF RECORD, IF ANY.
r*3:n llam
RZA01 I TMC Close U
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Planning Commission
March 26, 2001
Page 58
RZA 01-1.00: Annexation (TMC & Associates, pp 359) was submitted by Michele A. Harrington
on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16.
The property is in the City Planning Area and contains approximately 40 acres. The request is to annex
into the city.
Odom: The next item that we have on tonight's agenda is item number eight, RZA 01-1.00,
Annexation submitted by Michele A. Harrington on behalf of TMC & Associates for
property located east of Sunshine Road and north of Highway 16. The property is in
the City Planning Area and contains approximately 40 acres. The request is to annex
into the city. Staffs recommendation is for approval of the requested annexation based
on the findings included as a part of this report. Staff, do you have anything further?
Warrick: I do have a memo that is dated today from Don Bunn, the Assistant Public Works
Director, with regard to sewer capacity. This is an additional piece of information.
Odom: "I have not calculated the remaining treatment plant capacity since January of 2000.
The remaining plant capacity at that time was calculated to be 2.5 years. It is my best
estimate at this time that there is about 1.5 years remaining assuming we use the same
criteria as we did last year. I should have the new numbers within a couple of weeks or
so. Thank you". That's from Don Bunn, the Assistant Public Works Director. Would
you like to make a presentation at this time?
Krug: Yes, very briefly. In fact, I'll make a presentation on this item and item nine at once. I
know you have to vote on them separately but the two are connected. We are here to
present for the Commissioners review the annexation and then the rezoning of a 40 acre
tract of land that is bounded on three sides by property in Washington County and on
the east side by the unfinished phases of Bridgeport Subdivision. The request for the
zoning of the property will be to R-1 for a residential development.
PUBLIC COMMENT:
Odom: Thank you. Any member of the audience wish to address us on this annexation and
rezoning request?
COMMISSION DISCUSSION:
Odom: Seeing none, I'll close the floor to public discussion and I'll bring it back to the
applicant for questions and comments of the Planning Commission.
Planning Commission
March 26, 2001
Page 59
Hoffman: I have a question for staff, has the Fire Department reviewed, I don't see any
communication regarding the availability of fire service to this area?
Warrick: We
did send
them a request for a level
of service report. I received back from them
that
they had
no comment with regard
to this annexation.
Hoffman: Where approximately is the nearest fire station? If we annex it, we have to serve it,
right?
Conklin: I believe Garland Avenue and Eagle would be the nearest fire station. This is something
that staff has initiated this year. We have been sending out to all the City divisions and
departments a request for them to comment on all proposed annexations into the City
of Fayetteville. I know there is always a lot of concern about capacity and the ability
for these services and facilities to serve additional land area and development within the
City so you will start seeing these interdepartmental memos coming back and being
brought forward to the Commission for your information. I do want to make sure that
the Commission and City Council are educated when they do make these decisions
because it does impact all the different city services and divisions here in the City of
Fayetteville.
Hoffman: My concern is because, we have kind of a dilemma, we have a request for area that's
directly adjacent to the City limits, it would preferable for it to get put in under City
standards. Can we service them adequately when the time comes?
Conklin: I guess the only other, the fire department is not here respond to this, we do allow fire
contracts within two miles from the City limits. The City of Fayetteville does allow
people to pay for service in these areas. I don't believe there is any moratorium on
having people sign up for those contracts on fire service outside our city limits.
Apparently there must be some capacity there to serve that development within that
two mile area outside our City limits.
Hoffman: If and when this were subdivided, we would have the appropriate fire hydrants put in
and all the apparatus, we wouldn't have the trucks there within probably 30 minutes.
Conklin: Looking at this annexation, that is one of the reasons staff is recommending approval
because we will be able to get fire protection, have the development comply with our
grading and stormwater ordinances, tree ordinances, street standards, also the lots are
going to be on sewer which means you are going to have more houses on less land,
more people on less acreage, hopefully have a compact urban form rather than having a
Planning Commission
March 26, 2001
Page 60
County Planning area subdivision on septic systems that require larger lots, fewer
people consuming more land. There is always two sides on these annexations but staff
did recommend based on those findings.
MOTION:
Estes: I would move that we approve RZA 01-1.00. The reason is that annexation of this
tract would provide for an orderly development which would comply with all of our
City ordinances specifically those regarding tree preservation, access, grading,
drainage, stormwater, parkland, sidewalks, land use and others.
Marr: Second.
Odom: I have a motion and second to approve RZA 01-1.00, any farther discussion? Call the
roll.
ROLL CALL:
Upon roll call RZA 01-1.00 is approved by a unanimous vote of 9-0-0.
FAYETTEVlt LE �
THE CITY OF FAYETTEVILLE, ARKANSAS
May 10, 2001
Michele A. Harrington
113 E. Emma
Springdale, AR 72764
Dear Ms. Harrington:
Enclosed you will find copies of the ordinances approving the annexation and rezoning requests
your fine submitted on behalf of TMC and Associates for property located east of Sunshine Road
and north of Highway 16.
If I can be of further assistance, please contact my office at 575-8323.
Sincerely,
Heather Woodruff
City Clerk
113 WEST MOUNTAIN 72701 501 521-7700
FAY 501 575-1957
04-09-01A10:19 RCVD
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of April 17, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
NVIIVLY 1 WVLJ18L: 1V ap(J1VVC all Vfl111G111.C 1V1
I,4A V1-1.VV
JUlllllll4.QV Vy 191I1CSC
A. Harrington on behalf of
TMC & Associates for
property
located east of Sunshine
Road and north of Highway
16. The property
is in the
City Planning Area and
contains approximately 40
acres. The request
is to annex subject property into
the City of Fayetteville.
COST TO CITY:
Cost of ;:his 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:
AC O 1❑ Mdna er Date
C' y Atto ney
Date
ate
GRANTING AGENCY:
ADA Coordinator
Internal Auditor
Date
Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 9-0-0 to recommend and forward the rezoning to the City
Council.
Cross Reference
Date
t New Item: Yes No
at Prev Ord/Res#:
Date Orig Contract Date:
FAYETTEVI?LE �
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
To: Tim Conklin, Planning
From: Heather Woodruff, City Clerk
Date: May 4, 2001
Attached is a copy of the ordinance approving annexation request RZA 01-1.00. The original
will be microfilmed and filed with the City Clerk.
cc: John Goddard, Info. Tech.
Scott Caldwell, Info. Tech.
Ed Connell, Engineering
Jim Johnson, 911
• • RECEIVED
MAY 14 2001
NOR, .HVUEST`AFtiCiNSA'SDIT�ON
AFFIDAVIT OF. PUBLICATION ry ORDINANCPun
YAAi�' do solemnly
swear that I am Legal Clerk of the Arkansas
Democrat -Gazette Newspaper, printed and published at Lowell '"a S°"' LrW'SE114) of
tSoutea D1S, &11)41) 18 I4o
W7 2, Township Sat )
Arkansas and that from my own personal knowledge and Rene Thed'Dne (31) West, ) N
MA descnbea ea rWows:
S 0o mere
11' 07' E 1314.80 fee110 a, akrmo4
ref cnd cc to the files of said publication the advertisement of ,1m reonem S idepr�
58'00'W 1322.57 feet to a set ITIro
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lit �� 31810f U.N 1
of tab 40 an hM tte,ce S89d,
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.01-beONrtirg, WasNNgg 40A0 acres
Wp as inserted in the regular editions on m , aweavove aoa
( �l Y Iau ) 0 �]� OD/
,uejea to se fifteen A
the East olfm . any other
eeaetrhahZ That la theabovedesabed
hereby assigned to warn
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Publication Charge , ro' � A oM
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than be A -1, r2,restod � above
Pdssod Purchase Order II 2W1°a Approved tu 1tt day of
a p NrWoodyor
nM, City Clark
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Subscribed and sworn to before me this
day of ________________,2001.
WfJ Notary Public
My commission expires
MAEEY.m Fayetteville,Arkansas72701,(501)571-6467
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05-16-01A08:47 R,..
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Sharon Priest
SECRETARY OF STATE
May 15, 2001
State of Arkansas
SECRETARY OF STATE
The Honorable Marilyn Edwards
Washington County & Probate Clerk
280 N. 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: 5-14-2001 County: Washington City: Fayetteville
Annexation: Ordinance No. - 4309
Co. Order No. 2001-6
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,
05-21-01A10:25 RCVD
Tena Arnold /
Election Services Repre%g@La8Xgltoi • Little Rock, Arkansas 72201-1094 • (501) 682-1010
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• •
MICROFILMED
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
Case No. CC 2001-6
PETITION FOR CONFIRMATION OF ANNEXATION
Comes now, Bob Covey and Tammy Covey, Husband and Wife, Petitioners, and for
their Petition for Confirmation of Annexation states as follows:
1. There was entered in this cause an Order which annexed real estate described
on Exhibit "A" hereof, to the City of Fayetteville, Arkansas:
2. Said Order was duly filed in the County Records of Washington County,
Arkansas on February 26, 2001.
3. Record owners G.B. Calvert and Letha Calvert have received actual notice of
these proceedings and have filed herein an affidavit as Exhibit "B" hereof, stating they have
no objections to the annexation of said real estate into the City of Fayetteville.
4. No objections have been given to the authorities of the City of Fayetteville, nor
to the agents of the Petitioners, nor have any exceptions to the said Order been filed with the
County Clerk of Washington County, Arkansas.
5. No exceptions to the said action have been filed by any interested person or
by the City of Fayetteville, Arkansas, and the Petitioners now ask that the annexation be
confirmed.
6. The City of Fayetteville, Arkansas, accepted , the territory, pursuant to
Ordinance No. 4309, an Ordinance Accepting and Annexing Certain Territory to the City of
..
Fayetteville, Arkansas, said Ordinance being passed. and approved on the 1" day of May,
2001, a true and correct copy of said Ordinance is attached hereto as Exhibit "C" and
incorporated herein by reference.
WHEREFORE, the Petitioners pray 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 of the County Court, in its Order of February 26, 2001, be in all
things approved and confirmed.
BOB COVEY and TAMMY COVEY, Petitioners
HARRINGTON, MILLER, NEIHOUSE & KRUG
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(501) 751-6464
Attorneys for Petitioner
By:
Mic ele A. Harrington
Arkansas Bar No. 85217
VERIFICATION
STATE OF NORTH CAROLINA
) ss.
COUNTY OF BEAUFORT
We, Bob Covey and Tammy Covey, hereby state under oath that we 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.
bAC
Bob Covey
ammy
SUBSCRIBED AND SWORN to before me, a Notary Public, tfiil 'I day of
Sane- , 2001.
My Commission Expires: 21,=0 s
Notary Public
My Commission Expires:
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 for the City of Fayetteville,
Arkansas, by placing a copy thereof in the U. S. Mails, postage pepaid, addressed to her
mailing address in Fayetteville, Arkansas, this the /Z1Z.day of , 2001.
Michele A. Harrington
fl
THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST,
ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER
OF SAID 40 ACRE TRACT; THENCE S00°11'07"E 1314.80 FEET TO AN ALUMINUM
MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
589°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER
OF SAID 40 ACRE TRACT; THENCE N00°12'58"W 1319.20 FEET TO THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT; THENCE 589°50'24"E 1323.30 FEET TO THE POINT
OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS. THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT
TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE
ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS
OF RECORD, IF ANY.
EXHIBIT "A"
NAR-05-01 M0N 15:16 HARFJGT0N & ASSOC. PA FAX NO. 75134 P.02
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE Case r o. CC 2001-6
CITY OF FAYETTEVILLE, ARKANSAS
AFFIDAVIT
STATE OF TEXAS )
COUNTY OF HARRIS )
Wc, G.B. Calvert and Lctha Calvert, candor oath hereby state that we have actual notice of the
proceedings for annexation of the following land, which is it, Washington County, Arkansas, into the
City of Fayetteville, which is described as follows:
THE SOUTHEAST QUARTER (SE114) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION
TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE T1llRTY-CNB (31) WEST, ALSO BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE
TRACT; THENCE S00°i1'07"E I314.80 FEET TO AN ALUMINUM MONUMENT AT TIfE
SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89'58'O9"W 1322.57 FEET TO A
SET RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
NOO°12'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89°50'24"E 132330 FEET TO THE POINT OF BEGINMNG, CONTAINING 40.00
ACESCRIBED
4 00 ACRE TRACS, MORE OR T BEING WASHINGTON
A�FIFTET ESN (15) FOOT WIDE SSAS. THE ABOVEEWER LINE
EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST
BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD. IF ANY.
We certify under penalty of perjury that we are the legal owners of record of the above -described
property, which is under a Contract for Sale and Purchase with Bob and Tammy Covey, and we have no
objection to the annexation of said property into the City of Fayetteville.
Further affiants sayeth not.
Calvert
,,i�.; ' S GAIL GETSCHMAN [, � Calvert
� •;' kq Notary Public, SCAM of Tens
7� ; f Aly(:�rmmn<mn Expirex
fw; �f t to before me, a Notary Public, this l' "day of /1 ' ti 2001.
My Commission Expires:
Notary Public
5-ll -aoo �
Exhibit "B"
• •:LED FOR RECORD
HLED .01(118? 8 Pf9 2 45
! 1 N1Y 8 P(9 2 55 WASHIt ( n VN CO AR
• :i li_YN EDI';'hRS B. STAMPS
CO. &PROBATE CLEiii;
"IA SIiPiC
'ON CO. ARK.
ORDINANCE NO. 4309
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION RZA01-1.00 FOR
A PARCEL CONTAINING APPROXIMATELY 40 ACRES
LOCATED EAST OF SUNSHINE ROAD AND NORTH OF
HIGHWAY 16 AS SUBMITTED BY MICHELE A.
HARRINGTON ON BEHALF OF TMC & ASSOCIATES
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.
Section 3. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect that the zoning of the property described above shall be A-1, Agricultural.
PASSED AND APPROVED this Ist day of May, 2001.
s: t APPROVED:
rC4 fit, �+�, Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
Exhibit " C"
2001051536
V. ord. 4309
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZA 01-1
THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SEA) OF SECTION
TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, ALSO
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
S00°11'07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST
CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET
RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
N00°12'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT;
THENCE S89°50'24"E 1323.30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER
LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST
BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY.
2001051537
HARRINGTON, MILLER, NEIHOUSE & KRUG
A PROFESSIONAL ASSOCIATION
ATTORNEYS
113 East Emma Avenue * P.O. Box 687
Springdale, Arkansas 72765-0687
Telephone (501) 751-6464' Fax (501) 751-3715
e-mail address: mail@arkansaslaw.com
Michele A. Harrington
Stephen J. Miller
John P. Neihouse, LL.M. (in Taxation)* OF COUNSEL
Wayne Krug ** Stephen D. Stitt***
Also licensed in Texas "Also licensed in Oklahoma
Also licensed in Florida
June 12, 2001
Marilyn Edyafds, County Clerk
Washjpgthn County Courthouse
2 College, Suite 300
ayetteville, AR 72701
RE: In the Matter of the Annexation of Certain Lands to the
City of Fayetteville, Arkansas — Case No. CC 2001-6
Dear Marilyn:
Enclosed please find an original and two copies of the Petition for Confirmation of
Annexation in the above -referenced matter. Please be kind enough to return a file -marked
copy to me in the enclosed, stamped envelope.
Thank you for your courtesy and consideration.
Sincerely,
HARRINGTON, MILLER, NEIHOUSE & KRUG, P.A.
Gc
Michele A. Harrington
For the Firm
MAH/rtv
enclosures
cc: Honorable Jerry Hunton, County Judge
Fayetteville City Clerk
Lynn Williamson