Loading...
HomeMy WebLinkAboutOrdinance 4562'Oy � FI.LEO r HY 1 Rn y1 ORDINANCE NO. 4562 27 KA^c , co r' O0JV PRIT AN ORDINANCE CONFIRMING THE ANNEX(AtiT P�R N TE 0 eRK THE CITY OF FAYETTEVILLE, ARKANSAS, OF �2T=A'�31 0 JERK PROPERTY LOCATED NORTH OF THE PROPOSED 0. ARK. CRYSTAL SPRINGS PHASE III SUBDIVISION, WEST OF DEANE SOLOMON ROAD AND SOUTH OF SALEM ROAD CONTAINING APPROXIMATELY 72.50 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to Ward No. Four. PASSED and APPROVED this 4`h day of May, 2004. ;FAYETTEVILLE' ATTEST: By: Oba-o✓g MADU SONDRA SMITH, City Clerk By: , Mayor I IIIIIII IIIIII III IIIII IDoc ID: IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recorded: 05/21/20040atrOgel9:17 AM Fee Amt: Weshl ngton County. AR Sette Stamoa Clrcult Clerk Flle2004-00019668 EXHIBIT "A" ANX 03-06.00 THE NE %4 OF THE NE '/4 OF SECTION 32 AND PART OF THE E %z OF THE SE '/4 OF SECTION 29, ALL IN T-17-N, R-30-W, THAT PART BEING IN SECTION 29 IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE'/4 OF THE SE '/4 OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE '/4 OF THE SE '/4 OF THE SAID SECTION 29; THENCE N8302211855E 1067.69 FEET; THENCE NO2°35'14"E 357.47 FEET TO A POINT 35 FEET, MORE OR LESS SOUTH OF THE CENTERLINE OF COUNTY ROAD NO. 894; THENCE NORTHEASTERLY PARALLELING SAID CENTERLINE A DISTANCE OF 268.54 FEET, MORE OR LESS, TO THE EAST LINE OF THE E'/z OF THE SE'/4 OF SAID SECTION 29; THENCE SOUTH 1574 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 0512112004 0&19:17 AM and recorded in Real Estate File Number 20 000068 Cle6k Bette StamPs Circuit by ftA)x 03- 6,400 • H-e,51<.,•ns1S A1J IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS NO. ��"�® �— C� DCD N TO THE COUNTY JUDGE OF WASHINGTON COUNTY, ARKANSAS = RO o ---4 — v — PETITION TO ANNEX TERRITORY TO C> r m THE CITY OF FAYETTEVILI WASHINGTON COUNTY o C> m -E 3 Comes now the petitioners, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband a d4VA? and for their Petition to annex certain property into the City of Fayetteville, Washin�om (Founp? Arkansas, pursuant to A.C.A: Section 14-40-601, et. Seq.. States as follows: That petitioners, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband and Wife, own the real property described on the Plat Map, Exhibit "A", attached hereto and made a part hereof; and said property is situated in Washington County, Arkansas, and is contiguous with the City of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. 2. That the petitioners desire that their property become part of the City of Fayetteville, Arkansas, and petition the County Judge for annexation of the property into the City of Fayetteville. 3. That a true and correct presentation of the property and how it is contiguous to the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto. 4. That the petitioners herein desire that the property become part of the City of Fayetteville, Washington County, Arkansas, and petitioners state that they will do any and all legal acts necessary to accomplish the objective set forth herein. Page 1 of 2 -n r M Q Ben F. Schlegel, Jr. lim ..e.P wd) Sylv Fellows Schlegel' SUBSCRIBEa AND- SWORN TO before me, a Notary Public on this the q day of A 72002. My Commission Expires: OFFICIAL SEAL JOHN H. DUKE III NOTARY PUBLIC. ARKANSAS S WASHINGTON COUNTY I SIGN I:XP OV1012005 Page 2 of 2 I IN THE COUNTY COURT OF WASHINGTON COUNTY FILED IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS T92IM 18 RM 9 17 CITY OF FAYETTEVILLE, ARKANSAS MARILYN E. �1 AP OFsase No. CC 2002-19 CO. & PROBATE CLERK µ1ASHINCT04' CO. ARK. ORDER OF ANNEXATION Now on this 18' day of November, 2002, this cause comes on to be heard, the Petitioner, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband and Wife, represented by the Engineer of Record, Mel Milholland, after announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Court upon the Petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: The Petition in this cause was filed October 15's, 2002, at which time this Court fixed November 18'", 2002, at 9:00 a.m., as the date and time 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 the property owner has a freehold interest in the property hereinafter described in the Petition and constitutes the real owner of the area affected. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described on Exhibit "A" attached hereto. 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 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 Acct. No. I 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 thee year 1953, as codified in Ark Code Arm. § 14- 40-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. IT IS SO ORDERED this 18d day of November, 2002. County Judge EXHIBIT A TRACT B OF SCHLEGEL PROPERTY TO BE ANNEXED AND REZONED BOUNDARY DESCRIPTION THE NE 1/4 OF THE NE 1/4 OF SECTION 32 AND PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 29, ALL IN T-17-N, R-30-W, THAT PART BEING IN SECTION 29 IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE 1/4 OF THE SE 1/4 OF THE SAID SECTION 29; THENCE N83122'18"E 1067.69 FEET; THENCE NO2°35'14"E 357.47 FEET TO A POINT 35 FEET, MORE OR LESS SOUTH OF THE CENTERLINE OF COUNTY ROAD No. 894; THENCE NORTHEASTERLY PARALLELING SAID CENTERLINE A DISTANCE OF 268.54 FEET, MORE OR LESS, TO THE EAST LINE OF THE E 1/2 OF THE SE 1/4 OF SAID SECTION 29; THENCE SOUTH 1574 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS, FROM WACO CLERK v Sandra L. Hochstetler Chairman (501)682-1455 Daryl E. Bassett Commissioner (501)682-1453 Randy Bynum Commissioner (501) 682-1451 June 1, 2004 (WED)JUN 2 2004 11:10/ST • ARKANSAS • PUBLIC SERVICE COMMISSION TAX DIVISION 1000 Center Street P.O. Box 8021 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682-6043 E-mail: taxApsc.slate.ar.us Ms. Shirley Brown Washington County Deputy Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Re: Annexations Dear Ms. Brown, 11:10/NO.6314274065 P 1 RNt A]'1] r r� Sarah M. Bradshaw Director (501) 682.1231 O x G Z -n N r m � v . ei r This is to acknowledge receipt of annexation(s) order of annexation CC-2002-19, CC- 2003-14 and CC-2003-28. The information has been forwarded to the appropriate utilities. Sincerely, kf'u Kathy Hug s Executive Secretary FROM WRCO CLERK Charlie Daniels Secretary of State June 3, 2004 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR. 72701 Dcar Ms. Pritchard: (FRI)JUN 4 2004 14:09/ST.14:09/NO.6314274078 P 2 Sta• of Arkansas Secretary of State unslness at Commercial Selvlci dectlnl" nuilding ar Grounds Communications At educatlgli state Capitol PollcaE O 51,'JiucY301ticc 3bln iT1 Information Tcchnipgp a yy v C5 1��p0 n O ; -4�m Z a to -a e5 m o � o -4 r ^' s z c O 15A3 OS`l i 602.5173 C. 682-8032 z 6823411 'TT M v � 0 re The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 06/03/2004 Annexation: Incorporation: Census Information 1sl Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - 4562 Co. Order No CC 2000-19 Plat x Election Island Ordinance No. Co. Order No. Plat Election 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.eanna Godley V Election Services Representative Room 256 State Capitol • Little Rock, Arkansas 72201.1094 501.682.1010 • Pax SOI682.3510 e-mail: sosiiiaristotle.net • www.sos.arkansas.gov I NAME OF FILE: Ordinance No. 4562 w/Ex. A CROSS REFERENCE: Item # Date Document 1 03/18/04 Imemo to mayor & city council 2 draft ordinance 3 03/03/04 memo to Planning Commission 4 Annexation Guide from General Plan 2020 5 copy of Table 6 6 11/03/04 letter to Dawn Warrick 7 memo from Milholland Company 8 10/31/04 memo from Ben & Sylvia Schlegel 9 11/21/04 memo to Planning Commission 10 10/04/02 letter to Tim Conklin 11 copy of map 12 memo to Planning Commission 13 copy of map 14 12/02/02 letter to Planning 15 letter to Janet Strain 16 letter to Janet Strain 17 12/03/02 letter to Planning Commission 18 copy of photo 19 copy of Planning Commission minutes 20 copy of Close Up View 21 copy of Future Land Use 22 copy of One Mile View 23 copy of Annexation Petition filed w/Wash. Co. 24 copy of Order of Annexation filed w/Wash. Co. 25 03/24/04 Staff Review Form 26 05/11/04 memo to Dawn Warrick 27 05/13/04 Affidavit of Publication 28 copy of Petition to Annex 29 copy of Notice 30 copy of Order Setting Hearing 31 copy of Order of Annexation 32 copy of letter to Shirley Brown 33 copy of letter to Karen Combs Pritchard 34 letter from Sec. of State NOTES: 05/21/04 Ifiled w/Wash. Co. Circuit Clerk City Council ivieeting of April 06, 2004 4156a Agenda Item Number „ CITY COUNCIL AGENDA MEMO 141W 4&4041)11165,C'A45 To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator I Hhr( Date: March 18, 2004 NNN' Subject: Annexation for Hoskins/Schlegel (ANX 03-06.00) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Hoskins/Schlegel. This action will incorporate a 72.5-acre tract of land contiguous with the city limits into the City of Fayetteville. The request is to annex the subject property into the City of Fayetteville. BACKGROUND The subject 72.5 acre vacant tract of land is located west of Deane Solomon Road and south of Salem Road. Phase III of Crystal Springs Subdivision is directly south of the property. Annexation and rezoning requests for this tract of land have been requested since 2002. The initial request in 2002 was for annexation and rezoning of the property from R-A to RSF-7, Residential Single Family, seven units per acre. Staff recommended denial of this request, citing concerns with the density proposed and the inability of the city to provide adequate public services to this particular area. Specific concerns included both the fire response time and the capacity of the wastewater system. Fire Station 47 has recently been approved for development on Rupple Road, and a system -wide wastewater capacity study identifies this area as having the capacity to serve existing and proposed development, both of which alleviates the concerns of staff and the Planning Commission. Additionally, the original application was withdrawn and submitted in its current format, an annexation and rezoning request from R-A to RSF-4. Development on this site will be regulated by the city allowing for a more uniform and consistent development pattern making better use of city infrastructure. Proposal: The applicant requests annexation into the City of Fayetteville, along with the companion rezoning request. DISCUSSION On November 24, 2003, the Planning Commission tabled this item at the request of the staff. Staff was not recommending in favor of the annexation at that time. Staff s recommendation was later amended to reflect changed conditions (progress on the development of a new fire station to serve the west side of Fayetteville, review of the system -wide wastewater capacity study). On March 08, 2004, the Planning Commission Table wmu Ay 1// AO vn, /.*e A*' 4* 0///o7( • City Council teeting of April 06, 2004 Agenda Item Number voted 9-0-0 to forward this item to the City Council with a recommendation for approval of the annexation with a companion rezoning request. BUDGET IMPACT None. I ORDINANCE NO. AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY LOCATED NORTH OF THE PROPOSED CRYSTAL SPRINGS PHASE III SUBDIVISION, WEST OF DEANE SOLOMON ROAD AND SOUTH OF SALEM ROAD CONTAINING APPROXIMATELY 72.50 ACRES. 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 that property described in Exhibit "A" attached hereto and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3. That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. Two. PASSED AND APPROVED this day of 2004. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: Dan Coody, Mayor EXHIBIT "A" ANX 03-06,00 THE NE '/a OF THE NE '/a OF SECTION 32 AND PART OF THE E %z OF THE SE '/a OF SECTION 29, ALL IN T-17-N, R-30-W, THAT PART BEING IN SECTION 29 IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE '/4 OF THE SE '/< OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE '/4 OF THE SE '/4 OF THE SAID SECTION 29; THENCE N83022'18"E 1067.69 FEET; THENCE NO2°35'14"E 357.47 FEET TO A POINT 35 FEET, MORE OR LESS SOUTH OF THE CENTERLINE OF COUNTY ROAD NO. 894; THENCE NORTHEASTERLY PARALLELING SAID CENTERLINE A DISTANCE OF 268.54 FEET, MORE OR LESS, TO THE EAST LINE OF THE E'/1 OF THE SE %4 OF SAID SECTION 29; THENCE SOUTH 1574 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FAYETTEVILLE THE CITY OF FAYETTEV ILLE, ARKANSAS PC Meeting of March 08, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: March 03, 2004 ANX 03-06.00: Annexation (Schlegel, pp 207/246) was submitted by Milholland Company on behalf of Tracy Hoskins for property located north of the proposed Crystal Springs Phase III subdivision, west of Deane Solomon Road. The property is in the Planning Area and contains approximately 72.5 acres. The request is to annex the property into the City of Fayetteville. Planner: Jeremy Pate RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report, RLANNING COMMISSION ACTION: Required YES ("pproved O Denied March 08, 2004 COUNCIL ACTION: Aarill06, 2004 I : �K!]:�1111►1177 Required YES O Approved O Denied Property Characteristics: The subject property is 72.5 acres of vacant property located west of Deane Solomon Road and south of Salem Road. Salem Road at this location is a gravel road and does not meet city street standards. Deane Solomon Road also does not meet city street standards. Single family residences are located north of the subject property along Salem Road. Areas to the west and south are vacant. Crystal Springs Subdivision, Phase III is proposed south of the subject property. Gypsum Dr., a Collector Street, is shown on the Master Street Plan as an east and west connection through the subject property. A portion of Gypsum Dr. was constructed when the Crystal Springs, Phase I subdivision was developed. An annexation and rezoning request was previously petitioned for the subject property in December of 2002. At the time, staff recommended denial for both the annexation and rezoning requests, citing K:IReporuL70041PC Report 103-08-04WNX R7-N (Sddegel)UNX 03-06.00 (Sddegel).doc concerns for Fire response times and increased loading onto existing infrastructure, particularly the wastewater system. The recommendation for denial was based on the inability of the city to provide adequate services to this particular area. Actions are being taken to remedy both situations: The Large Scale Development for Fire Station #7, to be located on Rupple Road, has been approved by Planning Commission and awaits final construction documents and permitting; a report from a system -wide wastewater study has been submitted and adequate capacity has been identified to serve this area for existing and proposed development (see attached). The proposal to annex was tabled in November, 2003, pending results from the wastewater capacity analysis. Proposal: The applicant would like to develop a single family residential subdivision. Request: The applicant is requesting to be annexed into the City. Related Issues: When property is annexed into the City, it is annexed as R-A Residential Agricultural. If the annexation is recommended for approval to City Council, the applicant would like to rezone the 72.5 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request, RZN 03-34.00, is an accompanying item to this annexation request. Recommendation: Based on the information provided from the wastewater capacity study and the findings included in the staff report, staff recommends approval of the annexation request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single family residential In county, no zoning. South Planned residential subdivision RSF-4, Res. Single Family, 4 DU/Acre C stal S rin s, Phase III East Undeveloped - C-PZD S rin oods C-PZD West Undeveloped In county, no zoning INFRASTRUCTURE: Streets: North: East Salem Road (Collector) — Does not meet City street standards South: Proposed connections through Crystal Springs II subdivision East: Deane Solomon Road (Collector) — Does not meet City street standards West: Master Street Plan shows Raven extended north (Collector) Further west is Salem Road (Collector) Gypsum Dr., a Collector, is shown on the Master Street Plan as an east and west connection through the subject property. A portion of Gypsum Dr. was constructed when the Crystal Springs, Phase I subdivision was developed. K. IRepor&L7004PC Reportr103-08-04WNX R7.N(Schlegel)WNX03-06.00(SdJegel).doc At the time of development, Staff will recommend improvements to the roadway from the subject property to Deane Solomon Road, to City standards. Water: The property currently has access to an 8" water line that will be stubbed out from the proposed Crystal Springs 3 subdivision. An extension of the water main will be required to provide water supply within any development on this property. The main will also have to be looped to the north to connect with the 2" line along East Salem Road to provide dual feed for the development. Sewer: The site currently has access to an 8" sewer main that will be stubbed out from the proposed Crystal Springs III subdivision. Sewer will need to be extended within the development. Fire: The subject property is located 3.5 miles from the proposed Fire Station #7 on Rupple Road. Normal driving time is 5 min. 42 seconds. Water supply will be necessary for this property to develop. Access roads and street improvements to allow for necessary fire apparatus ingress/egress will also be required. LAND USE PLAN: General Plan 2020 designates this site as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will not create an island or peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to the western City Limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area proposed for residential development. Development plans will include the extension of single family neighborhoods into this area. 11.6.d Boundaries for annexed areas should follow natural corridors. K: IReportsld004WC Reports103-08-04WNX RZN (Schlegel) UNX03-06.00 (Sddegel).doc Finding: Proposed boundaries follow property lines or desired property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: The timing of the requested annexation is sufficient. Reports from a system- wide wastewater capacity analysis have been submitted, indicating that adequate capacity for development of the property is available. Additionally, the Fire response time provided by the Fire Marshal's Office (5 min. 42 sec.) is from the proposed Fire Station #7 on Rupple Road, which has been approved for development. ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: N/A EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire Department: Response time to this location could be as long as seven minutes from the current closest station. The Fire Department has provided response times of 5 min 42 sec from the proposed Fire Station #7 on Rupple Road. Fire Station #7 has been approved for development by the Planning Commission and awaits submittal and approval of construction and permit documents. Water supply and fire hydrants will be required with development. Vehicle access will also be required with a twenty foot minimum wide access. Police: Will not have a significant impact on police services, however the Police Dept. has expressed concerns regarding the West Salem Road access in its current, unimproved condition. Without improvements or the addition of alternate access, 290 potential units would create an appreciable increase in traffic danger and congestion in this location. 11.61 Annexed areas should receive the same level of service of areas already in the city limits. Finding: With the pending installation of a new fire station in the general area, service will be able to be provided at a more appropriate level of service with a shorter response time than what can be provided to the site currently. Sewer improvements to the area are needed for existing and already approved developments. K:IReportsp004PCReporu103-08-04NNX RZN(Schlege!)IANX03-06.00(Sddege!).doc 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Fire and police protection are currently provided in this area. Water and sewer lines are in the nearby vicinity, and are being extended with adjacent subdivision developments. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Public Works: The proposed annexation and ultimate development will increase the loading on the existing infrastructure systems. The City has had some recent capacity concerns with the sanitary sewer lift stations in this area, and recently completed a comprehensive wastewater capacity analysis. The completion of this study was required to prove the adequacy of the sewer downstream of this development. If the existing lift stations are not capable of handling the increase in flow, then improvements must be made to accommodate the additional loads. Planning: The proposed annexation and potential rezoning could result in 290 units. Using 2.21 persons per occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 641 persons. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. K:IReportsl10041PC Reporls103-08-04W NX RZN (Schkge!)IAA'X 03-06.00 (Sddegel).dx Finding: N/A ADMINISTRATION OF ANNEXATIONS 11.6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. The applicant is requesting to rezone the 72.5 acres to RSF-4, Residential Single Family, 4 units per acre. 11.6.p An annexation study should be completed on all annexation proposals. Finding: Planning staff has asked the Engineering Division, Fire Department and Police Department to study this annexation request to determine if facilities and services are available to serve this request. Responses are included in the staff report. 11.6.q Development proposals require a separate review from the annexation proposals. Finding: The development of the subject property will be required to go through the development review process. 11.6.r Residents should be fully informed of annexation activities. Finding: Adjoining neighbors have been notified of the annexation request. A legal ad and display have both been submitted with a local newspaper prior to the Planning Commission meeting for which this item is scheduled. IL 6.w Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of acceptable size. The request creates a reasonable boundary avoiding the creation of islands or peninsulas. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K:IReports12004NCReports103-08-04WNX RZN(SchlegeQUNX03-06.00(SdJegel).do From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11.6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.61 Annexed areas should receive the same level of service of areas already in the city limits. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should be annexed. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations 11.6.m Promote long-range planning with adjacent jurisdictions. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11.6.o Designate zoning districts for the property during the annexation process. 1.6.p An annexation study should be completed on all annexation proposals. 11.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 11.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K: IBepora'2004PC RepornI03-08-0414NX RZN (Schlegel) UNX 03-06.00 (Schlegel).doc 0 � ® , OMQ \e$� trio §i moo» /±w \ / } C7% \ \.� `~~ ; 7 �I«§ ; 70 ant ƒC \\ rI L rnoerwy 8Sanleyiag Melvin L. Milholland, PE, PLS November3. 2003 FAYETTEVILLE 125 West Mountain Street Fayetteville, Arkansas 72701 ATTN: Dawn Warrick, Planning Division RE: Schlegel Property - Annexation and Zoning continuation Dear Dawn: REGISTRATIONS: PE: AR, MO PLS: AR Project No. E-689 Milholland Company (MCO), on behalf of our Client, Tracy Hoskins, and that of Schlegel, request the continuance of the. referenced property for annexation into the City of Fayetteville. Mel and Tracy, I believe, both have spoken with you on this matter. Attached is correspondence received, dated October 31, 2003, and signed by both Sylvia and Ben, requesting that the previous submitted petition for annexation be continued. Please note the exception of need for a Lot Split assuming annexed zoning of RSF4 (explanation herein). MCO has updated the attached plat to indicate current parcel numbers and changes in ownership. In all cases, please change any reference or indication of Mark Marquess to: Tracy Hoskins 3588 Buckingham Drive. Fayetteville, Arkansas 72703 Also attached with this request for continuance, are two (2) sets of mailing labels and other required items for placing the Schlegel property back into the processing schedule. The Decree, Order for Annexation, signed by The Honorable Jerry Hunton, Washington County Judge, is still valid at this time, is my understanding. I realize that public advertisement of the Annexation and Re -zoning will have to occur again, but am enclosing copy of the previously submitted data only for referencing and review. I am assuming that all previously submitted applications (no Lot Split of the requested parcel for annexation will be required assuming that a zoning designation of RSF4 is given), remains applicable and that no additional fees are required. 205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 4434724; Fax: (479) 443-4707; E-mail: MCOeugr(tswbell.net '�•«� amrany REGISTRATIONS: `�"91teeP19�une�ing PE: AR, MO Melvin L.'Milholland, PE, PLS PLS: AR I was made aware of the Schlegel desire to continue the annexation and re -zoning process later Friday afternoon and have not fully reviewed current changes to the processing procedure, therefore, there may be the need for additional items than are attached. MCO will promptly provided any missing data. It is my understanding that property annexed into the City now becomes zoned RS174, Single Family Residential at a density of 4 units per acre. If that is correct, it is our Client's intention and that of Schlegel for the property to be zoned RSF4. I would like to follow-up this corresoondence and submitted_ data by meeting with you to to over the processing schedule, present any missing data, and to review with you our Client's development intentions. Please advise of a convent time. Should there be any question as to the purpose of this submitted request for continuance of the Annexation process or others, please call me. As always your assistance and cooperation are appreciated, and in this matter are especially welcomed. Projects Manager cc: Tracy Hoskins Sylvia Schlegel 205 West Center Street Fayetteville, Arkansas 72701; Phone: (479) 443.4724; Fax: (479) 443A707; E-mail: MtOengrPswbell.net p�� c_L Ben F. Schlegel, �. FareFr� u AR 72701 SyMa Fellows Schlegel October 31, 2003 City of Fayetteville Planning and Development. Dear Dawn Warrick: Please be advised that we would like to continue our petition for annexation, lot split and rezoning; as described in "EXHIBIT A7 attached. Please note; the Developer has been chv.aert from Mark Marquess to Tracy Hoskins as our designated representative and proposed developer. Please be informed and make any necessary changes in the previous applications to reflect my representative from Mark Marquess to Tracy K Hoskins. All items will remain the same with the exception of the rezoning application amending proposed rezoning from "R1.5" to "RSF4". Sincerely, -3F. Schlegel ;`�-r� Sylvia lows Schlegel ' mmmmmm�►.� TRACT B OF SCHLEGEL PROPERTY TO BE ANNEXED AND REZONED BOUNDARY DESCRIPTION THE NE 1/4 OF THE NE 1/4 OF SECTION 32 AND PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 29, ALL IN T-17-N, R-30-W, THAT PART BEING IN SECTION 29 IS MORE. PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE 1/4 OF THESE I/4 OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE 1/4 OF THE SE 1/4 OF THE SAID SECTION 29; THENCE N83°22' 18"E 106.7.69 FEET; THENCE N02035`14"E 357:47 FEET TO A POINT 35 FEET,'MORE OR LESS SOUTH -OF THE CENTERLINE. OF COUNTY ROAD . No. 894'� THENCE NORTHEASTERLY -PARALLELING SAID CENTERLIJE A DISTANCE OF. 268.54 FEET, MORE OR LESS, TO THE EAST LINE OFF THE E I/2 OF THESE I/4 OF SAID.SECTION 29; THENCE SOUTH 1574'FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 0 �)' vt EXHIBIT "A" PROPERTY TO BE REZONED AS SUBMITTED BY THE APPLICANT IOLG �%ZZ•Li2C%I'�Gu/ Applicants Signature ,2 /// UL d l ompaiu� • REGISTRATIG• &S WW=q C7 J uva f of PE: AR MO Melvin L. Milhollard, PE, PLS PLS: AR MEMO TO FAYETTEVILLE PLANNING November 21, 2003 "SCHLEGEL ANNEXATION & REZONING" "PROPERTY DESCRIPTION" REQUEST* ANNEXATION: . "ANX 03-06.00" REQUEST: REZONING: "RZN03-34.00" To: - Dawn Warwick: The "Metes & Bounds" description of the 72.50 acres, more or less, submitted for annexation and rezoning is reported by your staff as the reason to recommend "Tabling" this request. The staffs statement of reason is "Closure Errors", defined as "Discrepancies" in the description, which have to be resolved before further action A large percentage of the previous annexations and rezonings of many cities are done so without the benefit of a boundary survey with computed bearings and distances to more particularly define the direction and distances along a property boundary line or fines called for in the deed or description. Bearing and dismacer are on the assurance needed to orooerly identify the boundaries of a deed, or a land description. Monuments identify the proper boundaries of a trw of land when described with "Metes & Bounds"calis . Thee monuments can be surveyed by an experienced Professional Surveyor. These monuments include descriptive items, as well as, physical items. Liereripifve Uems, which may be called our in the land description, are not always visible in the field by initial observation, but can be located by a experienced Professional Surveyor by proper surveying technics & procedures. Descriptim Uems are usually the strongest tears that define the boundaries of land, such as, "....the SE 1/4 of the SE 1/4, of Section 10, T-IbN, R-30-W of the fin, Principal Meridian....... "........ or, .... "... the south east comer of the NW 1/4 of the NE 1/4.... ........ or,... " the centerline (or south right-of-way) of County Road No.43... or,..College Avenue"...., or ... "..... beginning at a point on the 40 acre line 257.50 feet south of the North west comer of said 40 none tract_", .. and, each of these type items can be located by a surveyor.. Physical items described in a "Metes & Bounds" land description may or may not be field located by the surveyor. Some ahvsicai items defined in the land description may also be a descriptive item, and is a principai monument, such as ......... ..... the centerline of a creek or street or road, or the rfghtof--way of a road... ", which are monuments and can be located by the surveyor. Other items called for in a "Metes and Bounds" description, such as, iron pins, stones & fence comes; are not always monuments, but only physical evidenceof a possible previous survey. The latter of the above are secondary monuments and must be proven if used by the surveyor to represent & identify the chain -of -title comers dwough a proper "Sectional -Breakdown". The metes and bounds description of lands submitted for said annexation and rezoning is described by very strong "Descriptive calls", and can be surveyed by a Professional Surveyor, and the boundary of the tract of land in question will not be different than than submitted. - - The emoroftlosure in your staff report is a "MATHEMATICAL" problem, not a land line "BOUNDARY DESCRIPTION" closure problem. There are no "discrepancies" in the land description, it can be surveyed as described. - .. . 1, on behalf of my client, respectfully request the land description as submitted be used as land requested for said .. annexatiou and.reoning.. - .. . With over 31 years of Professional Surveying experience in Northwest Arkansas, it is my recommendation to continue to use descriptions defined in Sectional Breakdowns and/or Metes & Bounds in the future, and not give ALL the credibility to "Mathematical Closures" by computers, except when the land description is presented in a survey form by a Registered Professional Survey".. Respect Ity submi r{E7 �.11V M r ollan4 Arkansas P.L.S No. 648. NO4 i ' 2O03 Cc file Trwy Hodum iP Ailiivi:vvG DIV. 205 West Center StreeK Fayetteville, Adonsu 72701; Pboar (479) 4434724; Far (479) 4434707; [-mail: MCOenfrr0swbell.net WilhoCland ampany REGISTRATIONS: PE: AK OK MO Melvin L Milholland; PE, PLS PLS: AR, OK October 4, 2002 City of Fayetteville Mr: Tim Conklin, Planner 113 West Mountain Street .Fayetteville, Arkansas 72701 RE: SCHLEGEL REZONING Project No. E-614 Dear Thn: In.response totheCity of Fayetteville Application for Rezoning, the following is submitted: -sir. Current ownership and proposed/pending property sales: Ben F. Schlegel, Jr. & Sylvia Fellows Schlegel 722 Franklin Drive Fayetteville, AR 72761 Proposed sale to Sierra RE., LLC for Proposed "Schlegel Subdivision" S: b. Reason for requesting zoning change: Owner has offer to sell property for subdivision, based on approved Rezoning 5, c.. Surrounding properties: land use, traffic, appearance and signage: Undeveloped to the West, North and East; a Resident Subdivision planned for the South. Traffic is presently low to moderate, except school traffic. Appearance and"signage is will be discussed during LSD Review. 5.d Water and sewer availability, line size:. 8" Water and 8" Sewer 6.a The degree to which the proposed zoning is consistent with the land use planning objectives, principles, and policies and with land use and zoning plans: Consistent with City Land Use and Zoning Plans . 6. b. Whether the proposed zoning isjustified and/or needed at the time of the request: . Yes, for Residential Use. 205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 443A724; Fax: (479) 443A707; E-mail: MCOeng ell.net s� 4• MiL&nd antramj McM�n L Milholland, PE, PLS Schlegel Rezoning October 4, 2002 Page Two (2) REGISTRATIONS: PE: AR, OK, MO PLS: AR, OK 6.c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion: Rezoning falls within the long range plans depicted on the Land Use Map and Master Street Plan. 6. d Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities: The zoning is in general compliance with the Land Use Map, and will not impact the City's long range plans for growth. . 6. e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification: A-1 does NOT permit practical; nor feasible options within City Limts. Your favorable review is appreciated! Respectfully, iMel L. 1ZhoV11an PE, PLS cc: Schlegel Sierra R.E., LLC file C:UiyF4cm0RMS rjditWkWR E614 Schkgd I&&wPd 205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 4434724; Faic (479) 4434707; Eamail: MCOenlr(a)swbell.net Y i r �CK. T, HERD k 11w,rto�5y1 I 1S.�j nl 3 z .o-I JEANS CHARLE5�CA55AT NYIC ill o it CD- DORO SE_, SE 1/4 = J I 16143 29-1 %o yqq Z I{ S P1,RCEL 16742 PARCEL - ` 2 W n � � I �i/ � 2�u. 0X ��E��' t� SE 1/4, SE 1/4 665.03. 29-17-30 1/4 Y �` __v/ . G HE 1/4 ?'..CRYSTAL SPRINGS. LTD. PARTNERHSIP 54 PARQ&L 16658.010 EAST 1320.00'* 0 6 3 d"f 4 P apE�`�� NE 1/4. HE 1/4 32-1 -30 WEST 1320.00'3 ?� JED DEVELOPMENT, INC. S�, PARCEL 16658-070 J November 23, 2003 To: Fayetteville Planning Commission RE: Annexation 03-06.00 (Schlegel, pp 207/246) and RZN 03-34.00 (Schlegel, pp 207/246) Dear Planning commission, RECEIVED NOV 2 4 2003 PLANNING DIV, In adding comments to this proposed annexation and rezoning, I am assuming that the issues of building on a wetland, reduced quality of fife for the surrounding property owners, and potential adverse affects on our livestock have already been studied or addressed by others. The concerns I wish to address in this letter have to do with access to the proposed residential area and traffic hazards that are already present and will increase with increased traffic. I have enclosed a map to help you understand where the areas are that I am concerned about. 1. Dean Solomon Road is very narrow, has no curbs, no shoulders, crumbling edges and steeply angled ditches. This is currently not much of a problem because there are rarely more than one or two cars on the road at one time. With more traffic there will be increased risk of meeting another car that is traveling over the centerline because of the narrowness of road. 2. On large sections of Dean Solomon the paving is cracked and sinking. This sinking is not a few "potholes" but large sections that suddenly shift your vehicle's weight toward the . edges of the road. I have indicated the worst area on the enclosed map. This cracking and sinking will, of course, increase with increased traffic. 3. The '7' curve is so narrow relative to the sharpness of the curve, that it is almost impossible to drive through it without crossing the centerline. If you don't cross the centerline, most full sized cars' inside rear wheel will go off the pavement on the inside of the curve. It is best that only one car at a time go through this "Z" curve. As an example, on the morning of Nov. 20 (last week) I was traveling north and was between the first curve and the second curve of the "Z". An approaching large truck, traveling south, was clearly not going to wait for me and was already coming at me in my lane. I stopped, but even with that, it appeared that he was going to hit my car head on! He moved back into his lane and missed hitting my bumper by about 6 inches or less! The most important point of this incident is that he could not negotiate that curve without coming into my lane! Currently, most of the accidents on this curve (and they occur on a fairly regular basis) involve only one car that drives off the end of the road (they are going too fast and don't make the turn). During the time that 1-540 was being resurfaced, many people were using Dean Solomon to avoid the traffic problems on 1-540. 1 helped with one young man who was run off the road in an incident just like I was facing. The result for him was that he rolled his car and hit a tree. The person who ran him off the road never stopped. With the increased traffic frgm a residential neighborhood the accidents on this curve will increase. 11 i 4. If this residential area will be using West Salem Road, there will have to be major changes since West Salem is not a two-lane road. 5. The left turn from Highway 112 onto Dean Solomon Road is a blind left turn. If you are in an average sized car traveling north on Highway 112 you cannot see over the crest of the hill before turning left onto Dean Solomon. This crest of the hill is about two "car lengths" away from you. With a speed limit of 45 M.P.H. (or even a slower one) this is not enough distance for you to safely turn left without knowing if any cars are coming south. I do not turn left at this intersection. I see people risking it and turning there, but again; this has not been much of a problem because of the low volume of traffic. If you add a residential area that has Dean Solomon as its main access road, more and more people will start turning left, even though they can'tsee far enough to do it safely, and there will be -increased accidents. In summary, I feel there are some major safety issues that must be resolved before approving a residential area on Dean Solomon Road, because of the increased traffic that will be caused by that residential area. If the annexation and rezoning is approved, I assume one of two conditions is in effect: A. You have studied Dean Solomon road and concluded that there really aren't any safety . problems from increased traffic on Dean Solomon Road. Or B. You already have a budget and timetable for fixing the problems on Dean.Solomon Road before the residential neighborhood is built. Should you approve the annexation. and rezoning, I will be contacting you for a written copy of either (A) The study that shows no safety problems or (B) The budget andrtimetable for . repairs on Dean Solomon Road Thank you, i. Patricia Brown 2M West Salem Road Fayetteville; AR Phone: 443-4664 email: horseweaver@cox-intemet.com 0 0 12/02/02 VON -18:11 FAX 11001` 2002 Perry L. Butcher 3481 Deane Solomon RD. Fayetteville, AR 72704 4794364545 . City of Fayetteville Planning Division 113 W. Mountain Fayetteville, AR 72701 Attention: Mrs. Janet Strain, Senior Planning Clerk Re: Annex 022, Rezone 02-42 Marquess & Schlegal Property Please allow this letter to express my concern and formally protest the annexation & rezoning of this property. Note the following reasons for my protest 1. All of this general area has potential for wetlands. Reference being the Arkansas Business & Technology Park. as well as the surrounding arm The soil is probably hydric on this proposed site as is with the surrounding properties. 2. Potential density of this property will generate 6-8 vehicle trips/day. This could immediately generate from this area alone 400-500 ADT. Consequently demanding infrastructure improvements to Deane Solomon. (Mt. Comfort to Highway 112) and to W. Salem Road. The Developer will probably not desire to carry the burden of this construction. Therefore, who will fund these improvements? Deane Solomon is an opal ditch narrow road. This street will definitely require complete reconstruction. 3. Deane Solomon Rd. (Mt. Comfort to Highway 112). the street saving this proposed development has hazardous/difficult intersections at both ends, also there is a large offset in the road alignment at about mid length In conclusion, these reasons propose problems that the City and area residents will have to consider and solve. Therefore, the best and really only solution is neither annexation nor rezoning. RA*JED DEC 3 25u2 - pLANNiNG-D17 _. _. no I to to- (IO RECEIVED DEC n a 2W2 PLANNING Md O BASS.ETT MIX AND ASSOCIATES, INC. Tuesday, December 3, 2002 To: Members of the City of Fayetteville Planning Commission From: The Al Zaccanti Family Re: Re -Zoning of the Schlegel Property We firmly oppose the Re -Zoning of the adjoining property to RS We support Re -Zoning of the adjoining property to R-1, single family residential, as long as the lot sizes are 1/4 Acre or larger. We have lived and farmed on the 80 Acres which adjoins this subject property. Our home contains over 3500 square feet. Homes immediately to the North, East and West of our home and the subject property are all similar in size. We are not opposed to growth or to the development of this property. However RS, high density zoning, is in direct conflict with the land use (20-20 plan) and the sizes of homes surrounding this property. We plan to attend the meeting on December 9th to express our opposition and concerns regarding the re -zoning. Highest Personal Regards, Al and Helen Zaccanti 3019 W. Salem Rd. WC 894 Fayetteville, AR 72704 Family Members: Mary Bassett, Al Zaccanti Jr., Jacueline Calcagni and Ed Zaccanti RESIDENTIAL, FARMS AND COMMERCIAL REAL ESTATE 3263 North College * Fayetteville, Arkansas 72703 * (479) 521.5600# (479) 751.5900 -*Fax (479) 521-5698 website: www:bassetttnixxom THE STANDARD OF EXCELLENCE Working For You I M[S YY1 Planning Commission* • March 8, 2004 Page 8 ANX 03-06.00: Annexation (Schlegel, pp 207/246) was submitted by Milholland Company on behalf of Tracy Hoskins for property located north of the proposed Crystal Springs Phase III subdivision, west of Deane Solomon Road. The property is in the Planning Area and contains approximately 72.5 acres. The request is to annex the property into the City of Fayetteville. RZN 03-34.00: Rezoning (Schlegel, pp 207/246) was submitted by Milholland Company on behalf of Tracy Hoskins for property located north of the proposed Crystal Springs Phase III subdivision, west of Deane Solomon Road. The property is in the Planning Area and contains approximately 72.5 acres. The request is to rezone the property RSF-4, Residential Single-family, 4 units per acre. Hoover: Item number three on the agenda is ANX 03-06.00 and RZN 03-34.00 for Crystal Springs Phase III subdivision west of Deane Solomon Road. Jeremy? Pate: Thank -you Madam Chair. The subject property is 73.50 acres of vacant property located west of Deane Solomon Road south of Salem Road. Salem Road to the north of this location is a gravel road and does not meet city standards, nor does Deane Solomon. Single family residences are located north of the subject property along Salem Road and areas to the west and south are vacant, although, Crystal Springs Subdivision Phase III, as you mentioned, is proposed south of the subject property. Gypsum Drive, a collector street, is also shown on the Master Street Plan as an east/west connection to the subject property. Any development to be consistent with the Master Street Plan would most likely look at developing that street as part of it's circulation patterns. A portion of Gypsum Drive also was constructed with the Crystal Springs Phase I. As with the last two items, an Annexation and Rezoning request was previously petitioned and tabled in December, 2002. The two primary concerns for this site included fire response times and the waste water capacity study as mentioned. Again, the waste water capacity study has identified this area as an area that does have sufficient capacity for development. Additionally, fire station number seven which is a closer fire station than the ones that currently exist to serve this site has been approved and awaits construction plans. Staffs findings with regard to water and sewer, extension of water and sewer mains will be required although, they are available in the nearby vicinity. The proposed annexation and potential rezoning could result in 290 single family units as a maximum. Again, that has been identified as being within the capacity of the lift stations based on the waste water capacity study. With regard to the rezoning, this proposed rezoning is justified in order to ensure orderly and consistent development patterns making use of existing infrastructure. The rezoning is needed for the development of a single family residential subdivision as proposed by the applicant. Projects existing in this area already of course, do receive police services and the Planning Commission* March 8, 2004 Page 9 rezoning will not substantially alter the population density. Again, I mentioned the fire department findings as well. Surrounding properties are similarly developed and zoned appropriately for this request and staff is recommending approval of both requested ANX 03-06.00 and RZN 03- 34.00. Hoover: Thank you. Would the applicant come forward? Jefcoat: I'm Tom Jefcoat with Milholland Company. Hoover: Do you have anything to add? Jefcoat: We appreciate your consideration of this Annexation and Rezoning. We are aware of the street conditions, the infrastructure, water and sewer and those issues will be addressed during the planning and design development stage. Thank you. Hoover: At this time we will open up this Annexation and Rezoning to public comment. This is for the Crystal Springs Phase III subdivision. ANX 03- 06.00 and RZN 03-34.00. Is there any member of the public that would like to address these? Seeing none, I will bring it back to the Commission. Bunch: I have a question for the applicant. I know this is a little premature because the Preliminary Plat is not before us but one of the concerns in this area has been traffic and access. What provisions do you think will be made on securing the right of way to extend Gypsum to Deane Solomon Road? Have you looked at that yet? Jefcoat: Yes we have. We are aware that that road will be improved to the city limits. Excuse me, I was thinking about Salem Road. Gypsum Road we did not know what would occur to the west of us, nor to the east of us but during the design development we will provide connectivity to the east and west. Bunch: Then also go ahead and tell us about Salem Road. Jefcoat: We understand that staff is recommending that that be improved to the city limits from wherever we have access on Salem Road to the city limits. Bunch: Where is the city limits, is that at Deane Solomon? Jefcoat: Yes it is. Bunch: You are aware that that would be part of the development process would be to extend Salem Road to city standards to Deane Solomon? Planning Commission • • March 8, 2004 Page 10 Jefcoat: Yes, that's what is in the recommendation, yes. Bunch: A question for staff I guess. On Gypsum Road our packet does not show ownership of Gypsum. What process would there be as this comes forward for development to provide a second access on Gypsum that would be south of the "S" curve on Deane Solomon that would help avoid, from a traffic standpoint, avoid that bad spot on Deane Solomon. Warrick: That is part of the springwoods project. That is one of the lots within the springwoods PZD east of this tract between this tract and Deane Solomon Road. We expect that property to come through the development process relatively soon as we have had the Final Plat for that subdivision submitted to our office this last week. With regard to when this comes through the development process, the subject property, we will be of course, looking for connectivity which is a policy of the city to require developments to have stub outs and/or to connect to existing stub outs. We will have to wait until we see what is on the ground existing compared to what the proposal is and how we can ensure that those existing stub outs match up to any new infrastructure and that if they don't if there is nothing to match up that new stub outs are in the proper location so that streets can be connected affectively. Allen: I noticed that there were a number of letters in our packet from neighbors that are concerned, I wondered whether or not you have met with those neighbors and felt that problems had been resolved in some manner. Jefcoat: Resolved in some manner, yes. I would say in some manner. We have talked with the adjoining neighbors over the past two and a half years in the process of developing this and we have some rapore with those people. When we do a development plan and begin to have a conceptual plan then the more detailed meeting process will occur with those residences. Allen: Have you met with them since the last time this came before us? Jefcoat: We have talked to some of them by phone, yes. Allen: But not like a neighborhood association type meeting? Jefcoat: No, we don't have a plan concept with which to talk to them about yet as far as layout. That's what they are most concerned about is how the layout adjoins their property. When we get to that point we will have a neighborhood association meeting. Warrick: If I could just add, there are a few letters in this packet and we included everything that we had with regard to this property. The original request for this project came in November or December of 2002. At that time the Planning Commission* • March 8, 2004 Page 11 request for rezoning was to a more dense zoning district with smaller lots. The RSF-7 district now. Some of these comments are reflective of that as the proposal. The proposal now is for an RSF-4, Single Family four units per acre zoning district. While the substance hasn't really changed, it is a request to annex and zone. The density has changed that this applicant is requesting. Allen: Thank you. Shackelford: We looked at this previously if my memory is correct. The main two concerns we had at that point was based on fire coverage and sewer capacity, it seems like at this point those issues have been addressed. I think staff has done a good job on recommending approval of this project so based on this I am going to recommend we approve ANX 03-6.00 as presented. Vaught: I will second. Hoover: We have a motion by Commissioner Shackelford and a second by Commissioner Vaught, is there any other discussion? Ostner: This is just a question for staff. I understand that the improvements to Deane Solomon aren't really relative at this point because it is just an annexation and rezoning. When it does come time to develop I'm noticing that this property does not adjoin Deane Solomon. Are we still talking about requesting the developer help improve Deane Solomon? Warrick: Offsite improvements are at the discretion of the Planning Commission. We do not have a development plan to assess in order to determine whether or not there is a demand placed by that development that would cause a need for improvements on Deane Solomon. We are working with a different developer right now on the "S" curve in Deane. Solomon and trying to establish a reasonable way of straightening that out some. We are progressing in making improvements on Deane Solomon and additional development is most likely going to be occurring in that general area in the near future so we will have to take it as it comes and determine those types of assessments or improvements based on the development plans when they are submitted. Ostner: Thank you. Hoover: Is there any other discussion? Renee, would you call the roll on the annexation? Roll Call: Upon the completion of roll call the motion to approve ANX 03-06.00 was approved by a vote of 9-0-0. Planning Commission• • March 8, 2004 Page 12 Thomas: The motion carries nine to zero. Hoover: The rezoning of this? Shackelford: Based on the comments that I made earlier and the findings and the fact that I think this is consistent with surrounding use I will go ahead and make a motion that we recommend approval to the City Council of RZN 03-34.00. Vaught: I will second. Hoover: We have a motion by Commissioner Shackelford and a second by Commissioner Vaught for the rezoning, is there any discussion? Anthes: I'm a little torn on this one. From what I'm reading here there seems to be quite an amount of wetlands in this area, is that true staff . Warrick: We've not seen a development proposal, I believe that there is potential for some but we've not gotten to that point yet for analysis of that. Anthes: Looking here where it adjoins the more dense zoning districts along the eastern boundary but as it goes north and west, I'm kind of surprised we haven't heard from more residents based on the numbers of letters that were in our packet. That is a beautiful open valley with a certain character to it. I'm just questioning if the density of RSF-4 might be a little high in that area based on what I think might be wetlands and geology and the view shed and then the surrounding property owner's letters. Hoover: Staff, you might repeat why you thought the RSF-4 was appropriate perhaps. Warrick: Based on the General Plan which calls this area out to be residential we felt that the RSF-4 district was appropriate with regard to the existing surrounding developments and the proposed developments to the south and to the east. Anthes: It just seems like RSF-4 seems to be our default position on single family but we do have other district designations, an RSF .5, an RSF-1, an RSF-2 zonings available to us. The site, because it's got this differentiation where it adjoins a more dense zoning and then drops way in that valley, to me it is difficult to look at it as one piece because it might develop in such a way that development might be clustered more towards the front than another piece of property but without seeing that, it is hard for me to get behind a basic overall density of RSF-4 on that site. Planning Commission* • March 8, 2004 Page 13 Shackelford: This is presented as Phase III of an existing subdivision, Phase I and Phase II, are they RSF-4 as well? Warrick: This is not Phase III of Crystal Springs. This is north of the proposed Crystal Springs Phase III. Phase III is zoned RSF-4, it is located immediately south of this and it has already been through the Preliminary Plat process. The Planning Commission has already approved the layout. Shackelford: The property just south of this proposal will be RSF-4 as well? Warrick: That's correct. Thomas: If I could just add, I spoke with Mary Bassett earlier and she asked me to write you a letter but I didn't get to that. She is asking for larger lots as it goes up the hill and she will be here at the time of Preliminary Plat to talk to you about that. Hoover: Thank you. Vaught: I think she's the one in her letter that said they were against seven but they would be in support of four. I saw that in at least one or maybe two of the letters. I do think RSF-4 is a good fit for this area. It is still very close to I-540, it is an area that is rapidly developing and changing with a lot of RSF-4 around it. We have a lot of things coming before us in this area and a lot of them are RSF-4. Between that and it is a buffer I think between those larger homes to the west and things like Wilson springs where you even have a strip of RMF-24 abutting the property. I do think it is a good density. Just because it is zoned that doesn't necessarily mean they are going to do that. Like was said, Mary Bassett wished they would get larger as they would go up the hill. I believe she was here at the last meeting and said that exact same thing. I know the developer will have lots of comments with the neighbors through the development process. „- Bunch: A question for staff and possibly the applicant, the property immediately to the south zoned RSF-4 is part of Crystal Springs Phase III? Warrick: Yes. Bunch: That is a piece of property that I know we have had a Preliminary Plat come through on that and there will be access to Deane Solomon on that but I cannot remember if there was access to the north. I think the same applicant had the same project, Tom, can you shed a little light on that? Jefcoat: Yes we do have the same project and we do have a stub from Crystal Springs north into this property. I also may mention that yes, to our east there is RSF-4 zoning where we are talking about connectivity also, which Planning Commission • • March 8, 2004 Page 14 is Gypsum. It is our proposal and we have had communication with Mary Bassett and we talked earlier today also. Bunch: We are looking at two potential connections to the east, one on Gypsum Drive and the other one on the extension of Crystal Springs? Jefcoat: At least one through to the south on Crystal Springs. One to the north on Salem and at least one both directions east and west. Bunch: With the Master Street Plan there is Gypsum Drive so that would give a minimum of three accesses east? Jefcoat: A minimum of four, minimum. Vaught: Gypsum Drive to the east of Deane Solomon has been vacated with the Wilson Springs PZD correct? Warrick: Yes. It has been removed from the Master Street Plan as a collector. It doesn't mean that there couldn't still be some connectivity there. It is no longer classified as a collector street. Hoover: Is there any other discussion? I believe we had a motion and a second. Renee, would you call the roll? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 03-34.00 to the City Council was approved by a vote of 8-1-0 with Commissioner Anthes voting no. Thomas: The motion carries eight to one. Hoover: Thank you. BAD C -rM pW°Vie SCHLEGEL Close UppVew ." _t wHn,R_uaK§L RSF4 k. Q .dAlm 0 SUBJECT PROPERTY R-A I Overview 1-1 RMF-24 Legend Boundary Subject Property rpm RZN03-34.00 e0% Planning Area Master Street Planrww 0 000� Overlay District � Freeway/Expressway Streets 000000° L City Lints �O Principal Arterial Existing � Outside City 02� Minor Arterial 111/ Planned 0 i Collector 00,*0 Historic Collector 0 150 300 600 900 1.200 Feet lil 0 m Wil X0 C-PZD ANY 03-0ta One Mile View N ! RA I ! P ! RA RA Lt to 41e,a „ l i 1-' I rvl 1—le I t r fl x I C-PZ.0 rA— — IrNIIRllfflli1XNINiIXXIXiIXFII kHI1U�h11 InlliNlFFfiNllliilhN 1 1 [ u + - RA `° � D J44 � DR 1j — s v _ - Ah DR '1 I _ (]I y 44 0.1 aA yy'RA! I III t�' L_rL�J L"f —--- i Ly �`' I(NAPR ST . �i'5 ti RA ..9:_'.��.i�v._. v Overview Legend _ Subject Property Boundary master Street Plan OzZtndr _--_- RZN03Jd.00 x�\„i Planning ArearlYnm"0`a4°'Y 8000o P Streets °00000 Overlay Districtibitlpi1 d`10da1 W — — 40%W► sAmw Al I L — I City Limits �a, , Caaactar Outside City 000, 1¢smRcccoedn 0 0.1 0.2 0.4 0.6 0l files STAFF MEW FORM - NON -FINANCIAL OPGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: April 6, 2004 FROM: Dawn Warrick Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department ANX 03-06.00: Annexation (Schlegel, pp 207/246) was submitted by Milholland Company on behalf of Tracy Hoskins for property located west of Deane Solomon Road and south of Salem Road containing approximately 72.50 acres. The request is to approve an ordinance annexing the subject property into the city limits of the City of Fayetteville. STAFF RECOMMENDATION: Approval. Received in Mayor's Office Div(sion Head Date Q/,� 3(22 Q Cit mey Date Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: L 3- OV Orig. Contract Number: Date ' New Item Date /n .3/a�VD , Date / 6 Yes No FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-PearmanA City Clerk Division Date: May 11, 2004 Re: Ordinance No. 4562 Attached is an executed copy of the above ordinance passed by the City Council, May 4, 2004, approving ANX-03-06.00, confirming the annexation of property located west of Deane Solomon Road and South of Salem Road containing approximately 72.50 acres. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering A*Awas Democrat 05azette ,y. AFF IT OF PUBLICATION I, do solemnly swear that I am LegAl Clerk of the Arkansas Democrat-Gazette/Northwest,Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication,,,th//at advertisement of: O• -�fJ`��o was inserted in the regular editions on PO# "" Publication Charge: $ Subscribed and sworn to before me this day of Aa , 2004. Notary Public My Commission Expires: 7/ASdal3 *` Please do not pay from Affidavit. An invoice will be sent. RECEIVED Official Seal MAY 14 2004 SEAN-MICHAEL ARGO Notary Public -Arkansas CITY OF FAYETTEVILLE WASHINGTON COUNTY CITY CLERK'S OFFICE My Commission Expires 07-25.2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 Pi u rr ONOJUNm NY TNN cny COUNCIL Of THE cm ON PAYEMMILLE, OF THE NE OF 8E ., ODON 32 AND PART OF THEE 12 OF 12 TO IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS NO.. N TO THE COUNTY JUDGE OF WASHINGTON COUNTY, ARKANSAS = sp^ CM PETITION TO ANNEX TERRITORY TO z cn THE CITY OF FAYETTEVILLE_ WASHINGTON COUNTY_ ARICAN�'A� o C> m ::E 3 Comes now the petitioners, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband Q( VWitp and for their Petition to annex certain property into the City of Fayetteville, Washino' guntpq Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq.. States as follows: That petitioners, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband and Wife, own the real property described on the Plat Map, Exhibit "A", attached hereto and made a part hereof, and said property is situated in Washington County, Arkansas, and is contiguous with the City of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. 2. That the petitioners desire that their property become part of the City of Fayetteville, Arkansas, and petition the County Judge for annexation of the property into the City of Fayetteville. 3. That a true and correct presentation of the property and how it is contiguous to the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto. 4. That the petitioners herein desire that the property become part of the City of Fayetteville, Washington County, Arkansas, and petitioners state that they will do any and all legal acts necessary to accomplish the objective set forth herein. T r m 0 RECEIVPD Page 1 of 2 MAY 2 8 2004 CITY OF FAYET'(EVi6Lt CITY CLERK'S CFFICE Ben �F. Schlegel, Jr. A Syl ' Fellows Schlegel SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the day of &,Vtt 2002. My Commission Expires: OFFICIAL SEAL JOHN H. DUKE III NOTARY PUBLIC, ARKANSM S WASFUNOTON COUNTY I SIGN 13XP o2nonoos Page 2 of 2 EXHIBIT A C cA oq:1-11' BOUNDARY DESCRIPTION THE NE } OF THE NE } OF SECTION 32 AND PART OF THE E } OF THE SE } OF SECTION 29, ALL IN T-17—N, R-30—W, THAT PART BEING IN SECTION 29 IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE } OF THE SE } OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE } OF THE SE } OF THE SAID SECTION 29; THENCE N83'22'18"E 1067.69 FEET; THENCE NO2'35114"E 357.47 FEET TO A POINT 35 FEET, MORE OR LESS SOUTH OF THE CENTERLINE OF COUNTY ROAD No. 894; THENCE NORTHEASTERLY PARALLELING SAID CENTERLINE A DISTANCE OF 268.54 FEET, MORE OR LESS, TO THE EAST LINE OF THE E OF THE SE } OF SAID SECTION 29; THENCE SOUTH 1574 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. P L A T M A P IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS NO. 66 apoo2 A/C( TO THE COUNTY JUDGE OF WASHINGTON COUNTY, ARKANSAS NOTICE Notice is hereby given that Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband and Wife, have petitioned that the following described property situated in Washington County, Arkansas, be annexed into the City of Fayetteville, Arkansas: See Attached Exhibit "A" That a hearipg on this Petition has been set for day of 20022 at .m. for the Honorable Judge Jerry Hunton. Any person interested may be present and present testimony for or against said Petition. This notice will be published once a week for three co five wee en F. Schlegel, Jr. jd&4 t A11 Sylv§Fellows Schlegel VERIFICATION State of Arkansas County of W We, the undersigned, state that we have read the above and foregoing document and that the facts, statements, and allegations therein contained are true and correct to the best of our knowledge and belief. WITNESS my hand on the _q6 day of t C406&L> , 2002 Page 1 of 2 Sylv# Fellows Schlegel SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the 2 day of IC49aA 72002. My Commission Expires: OOM'H D M JOHN H. DBE' � NARY PUALIC . ARKAMAS /5Z/n �� S'- WASHINGfON CO[JN M� Page 2 of 2 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS CC 2002-19 ORDER SETTING HEARING DATE � v o nOX fV xs'°x o 0xo--Ic -4w z cn o m r n rn 3 Co c> a n m v � • s On this 15' day of October, 2002, upon Petition to annex certain property into Fayetteville, Washington County, Arkansas, pursuant to A.C.A. Section 14-40-601, the Court finds as follows: 1. That Jerry Hunton, Washington County Judge, has consented and approved the Petition and pursuant to A.C.A. Section 14-40-601, the Court hereby sets a hearing date on the Petition for the 18' day of November, 2002, at 9:00 a.m. Petitioners are directed to cause Notice of Hearing to be published in a newspaper of general circulation in Washington County, Arkansas, as directed by law. IT IS SO ORDERED. County Judge IN THE COUNTY COURT OF WASHINGTON COUNTY IN T$E MATTER OF: FILED AMIfEXATION OF CERTAIN LANDS TO THE ' 02 NOU 18 CITY OF FAYETTEVILLE, ARKANSAS C�Ng. �� 2002-19 MARILYN EDWARDS yCO. gg& PROBATE CLERK T ORDER OF ANNEX AION CTON CO. ARK. Now on this 18'" day of November, 2002, this cause comes on to be heard, the Petitioner, Ben F. Schlegel, Jr. and Sylvia Follows Schlegel, Husband and Wife, represented by the Engineer of Record, Mel Milholland, after announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Court upon the Petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: The Petition in this cause was Sled October 15'h, 2002, at which time this Court fixed November 18` . 2002, at 9:00 a.m., as the date and time 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 the property owner has a freehold interest in the property hereinafter described in the Petition and constitutes the real owner of the area affected. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described on Exhibit "A" attached hereto. 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 adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. U;z Q5 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 Acct. 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 thee year 1953, as codified in Ark. Code Ann. § 14- 40-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. IT IS SO ORDERED this 18m day of November, 2002. <K.", I "\" e onor le Jerry Hunton, Washington County Judge U�-3W7 • 0 TRACT B OF SCHLEGEL PROPERTY TO BE ANNEXED AND REZONED BOUNDARY DESCRIPTION THE NE 1/4 OF THE NE 1/4 OF SECTION 32 AND PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 29, ALL IN T-17-N, R-30-W, THAT PART BEING IN SECTION 29 IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SE CORNER OF SAID SECTION 29, THENCE WEST 1320 FEET, MORE OR LESS, TO THE SW CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 29; THENCE NORTH TO A POINT 384.25 FEET SOUTH OF THE NW CORNER OF THE SE 1/4 OF THE SE 1/4 OF THE SAID SECTION 29; THENCE N83°22'18"E 1067.69 FEET; THENCE NO2°35'14"E 357.47 FEET TO A POINT 35 FEET, MORE OR LESS SOUTH OF THE CENTERLINE OF COUNTY ROAD No. 894; THENCE NORTHEASTERLY PARALLELING SAID CENTERLINE A DISTANCE OF 268.54 FEET, MORE OR LESS, TO THE EAST LINE OF THE E 1/2 OF THE SE 1/4 OF SAID SECTION 29; THENCE SOUTH 1574 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 72.5 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Ua. 3(3LP i • State of Arkansas Secretary of State Charlie Daniels Secretary of State June 3, 2004 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR. 72701 Dear Ms. Pritchard: Business & Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3532 Communications & Education 683-0057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682-3411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 06/03/2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - Co. Order No Plat Election Island Ordinance No. Co. Order No. Plat Election 4562 CC 2002-19 X 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, Leanna Godley V Election Services Representative RECEIVED JUN 0 7 2004 CITY OF FAYETTEVILLE C1TV CLEp`'. G' 7.,,= Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501-682.1010 • Fax 501-682.3510 e-mail: sos@aristotle.net • www.sos.arkansas.gov