HomeMy WebLinkAboutOrdinance 4331 CZ)
ORDINANCE NO. 4331
AN ORDINANCE ANNEXING THAT PROPERTY 00 o
DESCRIBED IN ANNEXATION PETITION ANX 01.2.00 FOR
A PARCEL CONTAINING APPROXIMATELY 14.47 ACRES -„ C. 3
LOCATED EAST OF SUNSHINE ROAD AND SOUTH OF `'' ^' o
MOUNT COMFORT ROAD AS SUBMITTED BY PHILIP
0
HUMBARD OF ENGINEERING SERVICES, INC. ON
BEHALF OF CROSS CREEK SUBDIVISION LLC
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.
PA$SED APPROVED this 21" day of August, 2001 .
V z„* : •`' •�`` m APPROVED:
\ 0
` .4 .{ . By:
DAN COODY, M o
ATTEST:
By:
Bather Woodruff, City CIA
2001104487
E
li
Ord . 4331 A
EXHIBIT "A"
LEGAL DESCRIPTION FOR ANX 01-2.00
PART OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION TWO (2) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY.
ONE (3 1 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
N0001 1'07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE
CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID
CREEK, THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85059'24" WEST
139.51 FEET; NORTH 41 °23'43" WEST 55.69 FEET; NORTH 72°20'48" WEST 101 . 76
FEET; SOUTH 7802937" WEST 362.08 FEET; SOUTH 61 ° 19'53" WEST 312.06 FEET;
NORTH 76024' 12" WEST 262. 12 FEET TO THE CENTERLINE OF COUNTY ROAD 877;
THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING BEARINGS
AND DISTANCES; SOUTH 42°06'35" WEST 145.89 FEET; SOUTH 23053'30" WEST 96.74
FEET; SOUTH 0201731 " WEST 221 .27 FEET; SOUTH 06023' 12" WEST 21 .5 FEET TO
THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE SOUTH 89050'24" EAST
1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED TRACT
BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST
BOUNDARY AND ANY OTHER EASEMENTS OF RECORD.
2001104488
I, Bette Stamps, Circuit Clerk and Ex-officio Recorder
for Washington County, Arkansas, do hereby certify
that this instrument was filed for record in my office as
indicated hereon and the same is now duly recorded
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Betty St
Circuit k and Ex-officio Recorder
by
NAME OF FILE: Ordinance No. 4331
CROSS REFERENCE:
08/21/01 Ordinance No. 4331
Exhibit "A" (Legal Description)
07/23/01 Planning Division Correspondence
07/09/01 Planning Commission M,,2& � i io - i2D
08/07/01 Staff Review Form
08/27/01 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City
Clerk
08/30/01 Proof of Publication `` l
NOTES :
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 01-2.00
FOR A PARCEL CONTAINING APPROXIMATELY 14.47
ACRES LOCATED EAST OF SUNSHINE ROAD AND
SOUTH OF MOUNT COMFORT ROAD AS SUBMITTED BY
PHILIP HUM 3ARD OF ENGINEERING SERVICES, INC. ON
BEHALF OF CROSS CREEK SUBDIVISION LLC
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 ANX 01 -2.00
PART OF THE NORTHEAST QUARTER (NE'/4) OF THE SOUTHEAST QUARTER (SEI/4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31 ) WEST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
N00° I1 '07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE
CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK,
THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85059'24" WEST 139.51 FEET;
NORTH 41 °23'43" WEST 55.69 FEET; NORTH 72020'48" WEST 101 .76 FEET; SOUTH 78029'37"
WEST 362.08 FEET; SOUTH 61019'53" WEST 312.06 FEET; NORTH 7624' 12" WEST 262. 12
FEET TO THE CENTERLINE OF COUNTY ROAD 877; THENCE ALONG THE CENTERLINE
OF SAID ROAD THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 42°06'35" WEST
145 .89 FEET; SOUTH 23053'30" WEST 96.74 FEET; SOUTH 02° 17'31 " WEST 221 .27 FEET;
SOUTH 06023'12" WEST 21 .5 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE
SOUTH 89050'24" EAST 1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47
ACRES, MORE ORLESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED
TRACT BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST
BOUNDARY AND ANY OTHER EASEMENTS OF RECORD.
FAYETTEALLE 0 oj�
�
THE CrrY OF FAYETTEVILLE, ARKANSAS v
P
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO : Mayor Dan Coody
City Council
FROM: Hugh Earnest, Urban Development Director
DATE: July 23 , 2001
SUBJECT: ANX 01 -2.00: Annexation (Cross Creek Subdivision, LLC, pp 359)
BACKGROUND
ANX 01 -2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip Humbard of
Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property located east of
Sunshine Road and south of Mount Comfort Road. The property is in the Planning Growth Area and
contains approximately 14.47 acres. The subject property is located north of a recently annexed 40 acre
tract of land which is west of Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from
WC 882, Jess Anderson Road. Eventually access will be available through Bridgeport by way of the
Master Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R- 1 property.
The area is within the City's Planning Area boundary and it is situated at the far western edge of
Fayetteville. This property is currently claimed by the Farmington School District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being processed at
this time. 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.
CURRENTSTATUS
The annexation was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and
forwarded to the City Council for approval.
RECOMMENDATION
The Planning Commission and staff recommended approval of the requested annexation based on the
findings included as part of this report.
H..-I USERSICOMMOA'DAWN7IREPOR7SIPC17-9-01ICrosscreek_annex_CC.wpd
FAYETTEVILLE
TBE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 9, 2001
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip
Humbard of Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in the
Planning Growth Area and contains approximately 14.47 acres.
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COM USSION ACTION: Required YES
O Approved O Denied
Date: July 9, 2001
CITY COUNCIL ACTION: Required YES
O Approved " O Denied,
Date: ' AuEust 7, 20015 (1" readinEi
Comments:
H.IUSFRS1COAAfOMDAWA71REPORTSIpC17.9-011crosecmek annmwpd
BACKGROUND:
The subject property is located north of a recently annexed 40 acre tract of land which is west of
Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from WC 882, Jess
Anderson Road. Eventually access will be available through Bridgeport by way of the Master
Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R-1
property. The area is within the City' s Planning Area boundary and it is situated at the far
western edge of Fayetteville. This property is currently claimed by the Farmington School
District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being
processed at this time. 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: Vacant, R-1 (Cross Creek Preliminary Plat)
East: Vacant, R-1 (Bridgeport subdivision - under construction)
West: County property, Residential, Agricultural
LAND USE PLAN: General Plan 2020 designates this site as Residential.
N:IUSERSICOMMOMDATVN71REPOR7SIPC17-9-011crasscreek annmwpd
Cp gR�� YN 9� ISS1
i�gSS�k¢ pRpB e�WgR
IN THE COUNTY COURT OFW�TQIZd �Rt�'1UNTY, ARKANSAS
IN THE MATTER OF: p. .�RK
ANNEXATION OF CERTAIN LANDS TO THE Q O 3
CITY OF FAYETTEVILLE, ARKANSAS CASE No. CC
NOTICE OF ANNEXATION PETITION
NOTICE is hereby given to all interested parties that a Petition has been filed to annex to the
City of Fayetteville, Arkansas, the following land in Washington County, Arkansas:
See Exhibit "A" attached
All interested parties are hereby notified that said Petition will be heard in the County Court
of Washington County Arkansas, on the 9 ' day of July, 2001 , at 10:30 o'clock a.m. by the County
Court of Washington County, at which time you may appear and object or thereafter be barred.
laoul
MARILYN EDWARDS, County Clerk
Z)
By:
Deputy Clerk
EXHIBIT "A"
Part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Two (2),
Township Sixteen ( 16) North, Range Thirty-one (3 1 ) West, being more particularly described as
follows: Beginning at the Southeast comer of said 40 acre tract; thence N 00° 11 ' 07"W along the
East line of said 40 acre tract 520.61 feet to the center of Hamestring Creek; thence along the
centerline of said creek, the following bearings and distances: North 85 ° 59' 24" West 139.51 feet;
North 41 ° 23' 43" West 55 .69 feet; North 72 ° 20' 48" West 101 .76 feet; South 78 ° 29' 37" West
362.08 feet; South 61 ° 19' 53" West 312.06 feet; North 76 ° 24' 12" West 262. 12 feet to the
centerline of County Road 877 ; thence along the centerline of said road, the following bearings and
distances; South 42 ° 06' 35" West 145 .89 feet; South 23 ° 53' 30" West 96.74 feet; South 02 ° 17'
31 "W 221 .27 feet; South 06 ° 23' 12" West 21 .5 feet to the South line of said 40 acre tract; thence
South 890 50' 24" East 1306.74 feet to the point of beginning, containing 14.47 acres, more or less,
Washington County, Arkansas. The above describe tract being subject to County Road right-of-way
along the West boundary and any other easements of record.
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 -13
ORDER OF ANNEXATION
Now on this 9' day of July, 2001 , this cause comes on to be heard, the Petitioners, Alice Ann
Simkins, Living Trust, Alice Ann Simkins, Trustee, Fayetteville, 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 June 5, 2001 , at which time this Court fixed
July 9, 2001 at 10:30 a.m., as the date of hearing for said cause, and that a full thirty (30) days notice
ofhearing 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. 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
s
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits ofthe City ofFayetteville, and it is peculiarly adapted for urban purposed 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 thererto, 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.
JERRY , County Judge
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
City Council
FROM: Hugh Earnest, Urban Development Director
DATE: July 23, 2001
SUBJECT: ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359)
BACKGROUND
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip Humbard of
Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property located east of
Sunshine Road and south of Mount Comfort Road. The property is in the Planning Growth Area and
contains approximately 14.47 acres. The subject property is located north of a recently annexed 40 acre
tract of land which is west of Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from
WC 882, Jess Anderson Road. Eventually access will be available through Bridgeport by way of the
Master Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R-1 property.
The area is within the City's Planning Area boundary and it is situated at the far western edge of
Fayetteville. This property is currently claimed by the Farmington School District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being processed at
this time. 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.
CURRENT STATUS
The annexation was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and
forwarded to the City Council for approval.
RECOMMENDATION
The Planning Commission and staff recommended approval of the requested annexation based on the
findings included as part of this report.
H. I USERSICOMMONIDA WN7'REPORTSIPCI7-9-011Crosscreek_ annex CC. upd
0 STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 7, 2001.
FROM:
Public Wcrka
Department
ACTION REQUIRED: To approve an ordinance for ANX 01-2.00: Annexation (Cross Creek Subdivision LLC, pp
359) as submitted by Philip Humbard of Engineering Services, Inc., on behalf of Cross Creek Subdivision LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in the Planning Area and contains
approximately 14.47 acres. The request is to annex the subject property into the City of Fayetteville.
COST TO CITY:
Cost of this Request
Account Number
Project Number
BUDGET REVIEW:
Category/Project Budget
Funds Used To Date
Remaining Balance
Category/Project Name
Program Name
Fund
Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager Date Internal Auditor Date
City Attorney Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staffrecommended approval and on July 9, 2001, Planning Commission unanimously
voted 9-0-0 to recommend approval and to forward the annexation to the City Council.
Date
23 r�
Date
7)ate
264/
Date
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date
Orig Contract Number
C
0
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 01.2.00
FOR A PARCEL CONTAINING APPROXIMATELY 14.47
ACRES LOCATED EAST OF SUNSHINE ROAD AND
SOUTH OF MOUNT COMFORT ROAD AS SUBMITTED BY
PHILIP HUMBARD OF ENGINEERING SERVICES, INC. ON
BEHALF OF CROSS CREEK SUBDIVISION LLC
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:
ATTEST:
Heather Woodruff, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
LEGAL DESCRIPTION FOR ANX 01-2.00
PART OF THE NORTHEAST QUARTER (NE%a) OF THE SOUTHEAST QUARTER (SE'/a) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
N00°11'07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE
CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK,
THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85°59'24" WEST 139.51 FEET;
NORTH 41°23'43" WEST 55.69 FEET; NORTH 72°20'48" WEST 101.76 FEET; SOUTH 78°29'37"
WEST 362.08 FEET; SOUTH 61°19'53" WEST 312.06 FEET; NORTH 76°24'12" WEST 262.12
FEET TO THE CENTERLINE OF COUNTY ROAD 877; THENCE ALONG THE CENTERLINE
OF SAID ROAD THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 42°06'35" WEST
145.89 FEET; SOUTH 23°53'30" WEST 96.74 FEET; SOUTH 02°17'31" WEST 221.27 FEET;
SOUTH 06°23' 12" WEST 21.5 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE
SOUTH 89°50'24" EAST 1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED
TRACT BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST
BOUNDARY AND ANY OTHER EASEMENTS OF RECORD.
0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 9, 2001
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip
Humbard of Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in the
Planning Growth Area and contains approximately 14.47 acres.
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COMMISSION ACTION:
Date: July 9, 2001
CITY COUNCIL ACTION:
Date: Au2ust 7, 2001 (1readingj
Comments:
Required YES
O Approved O Denied
Required YES
0 Approved 0 Denied
H: I USERSICOMMONIDAWVN71REPORTSXPC17-9-0llcrosscreek_annex.wpd
BACKGROUND:
The subject property is located north of a recently annexed 40 acre tract of land which is west of
Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from WC 882, Jess
Anderson Road. Eventually access will be available through Bridgeport by way of the Master
Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R-1
property. The area is within the City's Planning Area boundary and it is situated at the far
western edge of Fayetteville. This property is currently claimed by the Farmington School
District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being
processed at this time. 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: Vacant, R-1 (Cross Creek Preliminary Plat)
East: Vacant, R-1 (Bridgeport subdivision - under construction)
West: County property, Residential, Agricultural
LAND USE PLAN: General Plan 2020 designates this site as Residential.
H: I USERSI COMMOMDAWN7I REPOR7Sl PC 17-9-01 I crosscreek_annex. wpd
001 VVN
Gp 4RI4 Y,y q� 10 SI
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IN THE COUNTY COURT OF W'A QIZd 6UNTY, ARKANSAS
c� to K
IN THE MATTER OF• 4.
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS CASE No. CC
NOTICE OF ANNEXATION PETITION
NOTICE is hereby given to all interested parties that a Petition has been filed to annex to the
City of Fayetteville, Arkansas, the following land in Washington County, Arkansas:
See Exhibit "A" attached
All interested parties are hereby notified that said Petition will be heard in the County Court
of Washington County Arkansas, on the 9'" day of July, 2001, at 10:30 o'clock a.m. by the County
Court of Washington County, at which time you may appear and object or thereafter be barred.
'fl4r c4
MARILYN EDWARDS, County Clerk
By:
P2aL/LL2/ (-7).c)c(J77
Deputy Clerk
0 0
EXHIBIT "A"
Part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Two (2),
Township Sixteen (16) North, Range Thirty-one (31) West, being more particularly described as
follows: Beginning at the Southeast corner of said 40 acre tract; thence N 00° 11' 07"W along the
East line of said 40 acre tract 520.61 feet to the center of Hamestring Creek; thence along the
centerline of said creek, the following bearings and distances: North 85° 59 24" West 139.51 feet;
North 410 23' 43" West 55.69 feet; North 72° 20' 48" West 101.76 feet; South 78° 29' 37" West
362.08 feet; South 61° 19' 53" West 312.06 feet; North 76° 24' 12" West 262.12 feet to the
centerline of County Road 877; thence along the centerline of said road, the following bearings and
distances; South 42° 06' 35" West 145.89 feet; South 23° 53' 30" West 96.74 feet; South 02° 17'
31W 221.27 feet; South 06° 23' 12" West 21.5 feet to the South line of said 40 acre tract; thence
South 89° 50' 24" East 1306.74 feet to the point of beginning, containing 14.47 acres, more or less,
Washington County, Arkansas. The above describe tract being subject to County Road right-of-way
along the West boundary and any other easements of record.
0
C:
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 2001-13
ORDER OF ANNEXATION
Now on this 9`" day of July, 2001, this cause comes on to be heard, the Petitioners, Alice Ann
Simkins, Living Trust, Alice Ann Simkins, Trustee, Fayetteville, 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 anti documentary evidence
adduced, the Court being well and sufficiently advised finds:
The Petition in this cause was filed on June 5, 2001, at which time this Court fixed
July 9, 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.
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 ofthe City ofFayetteville, and it is peculiarly adapted for urban purposed 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 ofthe 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 thererto, 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.
JE Y N, County Judge
.•.
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Planning Commission
July 9, 2001
Page 10
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip
Humbard of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property located
east of Sunshine Road and south of Mount Comfort Road. The property is in the Planning Growth
Area and contains approximately 14.47 acres.
Estes: The next item of business to come before the Commission is item number six on the
agenda, this is an annexation for Cross Creek Subdivision submitted by Philip Humbard
of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in
the Planning Growth Area and contains approximately 14.47 acres. Staff recommends
approval of the requested annexation based on the findings included as a part of staffs
report. Is the applicant present?
PUBLIC COMMENT:
Estes: Seeing no representative on behalf of the applicant, let
me ask if there is
any member
of the audience who wishes
to provide public comment
on this requested
annexation?
COMMISSION DISCUSSION:
Estes: Seeing none, I will bring it back to the Commission.
Conklin: I did speak with the applicant and the applicant's representative this morning and they
were aware of this meeting. They did bring by, this morning, the Confirmation of the
Order of Annexation that was signed by the County Judge. That has approved by the
County Judge this morning. It's up the Commission whether or not to proceed without
applicant. Staff is recommending approval of this 14 plus acre annexation. It's directly
north of an annexation we just completed a couple of months ago. We do have a
preliminary plat that is going through the process right now, this 14 acres plus that
previous annexation has been to Parks Board with regard to land dedication versus
money in lieu. Basically what I'm indicating is that I would recommend that we do
proceed on with this if the Commission is comfortable with proceeding on with
recommending this annexation to City Council.
Estes: Commissioners, we also have a companion item on the agenda which is a rezoning. Let
me suggest this, because the applicant is not present, is there a motion to proceed with
the annexation request?
Planning Commission
July 9, 2001
Page 11
MOTION:
Shackelford: I'll make a motion we proceed.
Hoffman: I'll second whit this comment: I would proceed with the annexation but then not
recommend that we proceed with the rezoning because there are always questions of
the applicant that I find are useful and necessary. Would that be possible to reschedule
the rezoning hearing for the next meeting?
Estes: I would think it certainly would be. We have a motion by Commissioner Shackelford
and a second by Commissioner Hoffman to proceed with the annexation request, is
there any discussion? Sheri, would you call the roll?
ROLL CALL:
Upon roll call the motion to proceed with annexation request 01-2.00 is approved by a unanimous vote
of 9-0-0.
Estes: The matter is before the full Commission for discussion, motions or comments.
MOTION:
Shackelford: I'll make a motion for approval of annexation 01-2.00.
Hoffman: I'll second. I just wanted to ask staff if we've received any telephone calls about this
proposal?
Conklin: I have not heard from any of the adjoining neighbors or other areas in that vicinity.
Hoffman: There has been proper notification?
Conklin: Yes, notification did go up. Because it's also a rezoning we did place a sign up there
15 days prior to the meeting. Under annexation law they are required to publish notice
in the newspaper three times, once every week. 30 days ago they did file the Petition
For Order of Annexation and I have not heard anything from any of the surrounding
property owners.
Estes: Any other questions or comments?
Planning Commission
July 9, 2001
Page 12
Man: On these zoning maps, when we are looking at an annexation, how would do I tell from
this where the current City boundary is and how far out into the planning area would
this location would be?
Conklin: On page 6.6, if you look under the legend, Fayetteville City limits, it's the dotted line
that shows the city limit line.
Man: It's already included within the limit?
Conklin: No it adjoins that line. We also have the Master Street Plan that shows a minor arterial
street for Sunshine Road.
Man: Just a suggestion, we could make something that's more distinctive between those two.
When I was looking at it I really thought it was already in it. I certainly support this
annexation.
Conklin: We will work on providing a map that's easier to understand. We have the capability
to show as much information and change line types and shade in areas. Any
suggestions to improve our product, we welcome that in the Planning Division.
Estes: Any other questions, discussion? We have a motion by Commissioner Shackelford to
approve annexation request 01-2.00 and second by Commissioner Hoffman, would
you call the roll Sheri?
ROLL CALL:
Upon roll call ANX 01-2.00 us approved by a unanimous vote of 9-0-0.
Ll
i
Planning Commission
July 9, 2001
Page 10
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip
Humbard of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property located
east of Sunshine Road and south of Mount Comfort Road. The property is in the Planning Growth
Area and contains approximately 14.47 acres.
Estes: The next item of business to come before the Commission is item number six on the
agenda, this is an annexation for Cross Creek Subdivision submitted by Philip Humbard
of Engineering Services Inc. on behalf of Cross Creek Subdivision, LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in
the Planning Growth Area and contains approximately 14.47 acres. Staff recommends
approval of the requested annexation based on the findings included as a part of staff's
report. Is the applicant present?
PUBLIC COMMENT:
Estes: Seeing no representative on behalf of the applicant, let
me ask if there is
any member
of the audience who wishes
to provide public comment
on this requested
annexation?
COMMISSION DISCUSSION:
Estes: Seeing none, I will bring it back to the Commission.
Conklin: I did speak with the applicant and the applicant's representative this morning and they
were aware of this meeting. They did bring by, this morning, the Confirmation of the
Order of Annexation that was signed by the County Judge. That has approved by the
County Judge this morning. It's up the Commission whether or not to proceed without
applicant. Staff is recommending approval of this 14 plus acre annexation. It's directly
north of an annexation we just completed a couple of months ago. We do have a
preliminary plat that is going through the process right now, this 14 acres plus that
previous annexation has been to Parks Board with regard to land dedication versus
money in lieu. Basically what I'm indicating is that I would recommend that we do
proceed on with this if the Commission is comfortable with proceeding on with
recommending this annexation to City Council.
Estes: Commissioners, we also have a companion item on the agenda which is a rezoning. Let
me suggest this, because the applicant is not present, is there a motion to proceed with
the annexation request?
Planning Commission
July 9, 2001
Page 11
MOTION:
Shackelford: I'll make a motion we proceed.
Hoffman: I'll second whit this comment: I would proceed with the annexation but then not
recommend that we proceed with the rezoning because there are always questions of
the applicant that I find are useful and necessary. Would that be possible to reschedule
the rezoning hearing for the next meeting?
Estes: I would think it certainly would be. We have a motion by Commissioner Shackelford
and a second by Commissioner Hoffman to proceed with the annexation request, is
there any discussion? Sheri, would you call the roll?
ROLL CALL:
Upon roll call the motion to proceed with annexation request 01-2.00 is approved by a unanimous vote
of 9-0-0.
Estes: The matter is before the full Commission for discussion, motions or comments.
MOTION:
Shackelford: I'll make a motion for approval of annexation 01-2.00.
Hoffman: I'll second. I just wanted to ask staff if we've received any telephone calls about this
proposal?
Conklin: I have not heard from any of the adjoining neighbors or other areas in that vicinity.
Hoffman: There has been proper notification?
Conklin: Yes, notification did go up. Because it's also a rezoning we did place a sign up there
15 days prior to the meeting. Under annexation law they are required to publish notice
in the newspaper three times, once every week. 30 days ago they did file the Petition
For Order of Annexation and I have not heard anything from any of the surrounding
property owners.
Estes: Any other questions or comments?
Planning Commission
July 9, 2001
Page 12
Marr: On these zoning maps, when we are looking at an annexation, how would do I tell from
this where the current City boundary is and how far out into the planning area would
this location would be?
Conklin: On page 6.6, if you look under the legend, Fayetteville City limits, it's the dotted line
that shows the city limit line.
Marr: It's already included within the limit?
Conklin: No it adjoins that line. We also have the Master Street Plan that shows a minor arterial
street for Sunshine Road.
Marr: Just a suggestion, we could make something that's more distinctive between those two.
When I was looking at it I really thought it was already in it. I certainly support this
annexation.
Conklin: We will work on providing a map that's easier to understand. We have the capability
to show as much information and change line types and shade in areas. Any
suggestions to improve our product, we welcome that in the Planning Division.
Estes: Any other questions, discussion? We have a motion by Commissioner Shackelford to
approve annexation request 01-2.00 and second by Commissioner Hoffman, would
you call the roll Sheri?
ROLL CALL:
Upon roll call ANX 01-2.00 us approved by a unanimous vote of 9-0-0.
STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 7, 2001.
FROM:
Tim Conklin Planning Puhlic Works
Name Division Department
ACTION REQUIRED: To approve an ordinance for ANX 01-2.00: Annexation (Cross Creek Subdivision LLC, pp
359) as submitted by Philip Humbard of Engineering Services, Inc., on behalf of Cross Creek Subdivision LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in the Planning Area and contains
approximately 14.47 acres. The request is to annex the subject property into the City of Fayetteville.
COST TO CITY:
Cost of this Request
Account Number
Project Number
BUDGET REVIEW:
Category/Project Budget
Funds Used To Date
Remaining Balance
Budgeted Item
Budget Manager
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager Date
City Attorney Date
Purchasing Officer Date
Category/Project Name
Program Name
Fund
Budget Adjustment Attached
Administrative Services Director
GRANTING AGENCY:
Internal Auditor
ADA Coordinator
Date
Date
STAFF RECOMMENDATION: Staffrecoinmended approval and on July 9, 2001, Planning Commission unanimously
voted 9-0-0 to recommend approval and to forward the annexation to the City Council.
.c�
Divisinn Heed
7 �I
Date
Date
1,/23/0/
ate
7,2264/
Date
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date
Orig Contract Number
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: August 27, 2001
Attached is a copy of the ordinance approving annexation request ANX 01-2.00. 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, Meter Operations
S
RECEp\Frr
AUG 3 1 2001
Arkansas Democrat
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.LL .uu.v
ORDINANCE NO. 4331
.,l l)DA\ Il 01" 1 UI.?LIC1 rIOi' de OMinanceanrexingthat pmperty
i i /> > 1 I An Orded in a arra tics Petilpn ANX
mately 1Ma pamN canlmwp eppred.-
nshi 14.4Rod and South 1 Mount
nt
nfm Road a and South of M
Comfort Road aski submitted by Philip
Hubbard of Cross mgk Subd s, Inc.
du ;;olcuully I.I.C.0n half of Cross Creek Subdivision
Be I Ordered by the Ath Council of the
City of Fayeaeville, Arkansas:
s veer (her. I am Lc al Clerk of the ;\rkansas Secbm t7hat the City Coundl hereby
confirms the annexation to the dry of
Fayetbed Arkansas, of the b9owng
described pproperty:
Dcn iourat-C,l'tette N ew;;I);II)c1-, j)1'llllcd and )nhll:;hcd at 1.o\vcll Padofthe NoMeasfluarter (NE1/4)
I of the Southeast Ouader (SE114 of
Section Two (2), Township Baleen West
North, Range Thirty -One (31) West,
Arlcau;:;1:< and Thal Crum n)y own lu::arn:Il Icnuv,lulj e and fbeinows�repadiaiadydescribedas
6eparcing at the Southeast corner of
said 40 acre tract; Ihence N 00 degrees
rcfercIICC to the .hies ofaid publication the adverlISCn1Cnt of 1 l'OT'W alagthe East be of said 40
�,/,yy(/I /)_433/
�/` /'t (/�/ acre bad 520.61 feet to the center of
�r1 K__L l Hamecs an dicta; thence along the
centerline of said creek, the following
bearings and distances; North 85 North
de-
grees 59'24"West 139.51 feet; NoM—._--_—..-____—__-- 41 degrees 2343" West 55.69 feet
NoM 72Oegree520'46"Wem101.76
Was i 'cl Lcd in the regular edition:; on feet; South75 degrees 2tr 37 West
362.05 feet Soots 61 demees 19' 53"�
West 312.06 feet North.7 24' ,
12' West 262.12 feet to the cented ne'
of County Road 577; the abtg the
centerline of said road the following
bearings and dstances; South 42 de-
gws g6' 35" West 145.59 feet South
3 deggrees 5330" West 96.74 feet;
South 02 deorees 17 31"West 221.27
/ feet; South g6 degrees 23' 12" West
Fublieation Charge 21.5 feet othe Southline ofsaid 40
� 3 ---I acreaacl;thenceSouth89degreessd
24" East 1306.74 feettote point of be -
Purchase Order 11' , ginning, centaining 14.47 acres, more
or less, Wastngtan County, Admnsas.
-- The above descr ibed trap being sub.
jeer to County Road n'AMafreay along
the West boundary ar any other ease-
naints of record.
Section 2. That the above described
Subscribed l at1Cl sWorii to bef-orc 1170 this ppOperly is hereby assigned to Ward
No. 4.
Seon 3. That the official zoning map
_ '001. of the city of FayetlSle, Akansas, is
_ day o1 hereb�emended to reflect that the zom
ing o the proppeerty described above
shall be A-1, Agricultural.
Passed and Approved this 21st day of
Cei / hLol f Ihlic August, 2001.
.
riL�rtr}t Dan Cod: Y • . Dan Coody, Mayor
Catherine Sa11 ; Ane5:
My commission cxpii- `sNotaryPublic, StateofArkansnn " Au woodnm,etyclok
30,2001
>, — asif ngCon Cpunty l 264445
X, My Commission Expircn 02/27/05 r -_ -
P.O. Box 1607, 212 N. Eu-;t Avcuuc, Faycticvillc, Arkan:;as 72701, (501)57! -GIG?
•
C
$6CRET4
d q
gREANSNS
Sharon Priest
SECRETARY OF STATE
October 1, 2001
State of Arkansas
SECRETARY OF STATE
The Honorable Marilyn Edwards
Washington County & Probate Clerk
280 No. College, Suite 300
Fayetteville, AR. 72701
Dear Ms. Edwards:
171
o d, y33/
gLl-DI
MICROFILMED
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 10-1-2001 County: Washington City: Fayetteville
Annexation: Ordinance No. - 4331
Co. Order No 2001-13
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,
anna Godley
Election Services Representativ
RECEIVED
OCT 03 2001
CITY OF FN1't FI'EVJILE
art CLEWS OFRCE
10-03-01 A1033 IN
State Capitol • Little Rock, Arkansas 72201-1094 • (501) 682-1010