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HomeMy WebLinkAboutOrdinance 45680 0. FILf© ORDINANCE NO. 4568 •�V' /fly 21 H/7 K,7RF�J C� M8 AN ORDINANCE CONFIRMING ANNEXATI% N ER�TC84RD ANX 04-05.00 TO THE CITY OF FAY it i CLERK ARKANSAS, OF CERTAIN PROPERTY LOCATED SOUTHOO. ARK. OF ALBRIGHT ROAD ON THE WEST SIDE OF GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 9.99 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. Three. PASSED and APPROVED this 4`h day of May, 2004. G: G\S Y 0je LF c ;FAYETTEVILLE' ATTEST: By: Qr/�-1\JMl�iw SO DRA SMITH, City Clerk By: COODY, Mayor Doc ID: 007275530002 TVDe: REL Recorded: 05/21/2004 at 08:22:02 AM Fee Amt: $11.00 Pace 1 of 2 Washinoton Countv. AR Bette Stamps Circuit Clerk Flle2004-00019671 0 EXHIBIT "A" ANX 04-05.00 A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY- NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S0203950719W - 18.94 FEET; THENCE S2034907" W-330.06 FEET ALONG AN EXISTING FENCE ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT TO THE POINT OF BEGINNING, THENCE S8702412499E 660.00 FEET, THENCE S87024907"E-658.59 FEET TO A POINT ON THE EAST LINE OF SAID 40 ACRE TRACT, THENCE ALONG SAID EAST LINE S2031' 12"W - 330.009 TO A POINT IN GEORGE ANDERSON ROAD FROM WHICH A REFERNECE IRON SET ON THE WEST RIGHT OF WAY OF GEORGE ANDERSON ROAD BEARS N87024'03"W - 31.82 FEET, THENCE N87024'03"W - 658.95 FEET, THENCE N87024'46" W - 659.92 FEET TO A POINT ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT, THENCE ALONG AN EXISTING FENCE ON SAID OCCUPIED WEST LINE N2034107" E - 330.06 FEET TO THE POINT OF BEGINNING. CONTAINING 9.99 ACRES, MORE OR LESS. 0 0- Washington County, AR 1 certify this instrument was filed on 0512112004 0822:02 AM and recorded in Real Estate File Number 2004-00019671 Bette Stamps - Circuit Clerk by FILED 1603 NOU 26 pM 3 57 KAREN CCMQS co PRITCHARD - h P;408,ATE CLERK WASHWGT0�1 V kw 0. 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 2003- PETITION FOR ANNEXATION Come now, Craig Harper and Karyn Harper, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1. Petitioners, Craig Harper and Karyn Harper, husband and wife, are the record owners of the following described property situated in Washington County, Arkansas, to -wit: A part of the Southeast Quarter (SE1/4) of the Southeast Quarter (1/4) of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to - wit: Commencing at the Northwest corner of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02139'07" W - 18.94 feet; thence S 2°34'07" W - 330.06 feet along an existing fence on the occupied West line of said 40 acre tract to the POINT OF BEGINNING, thence S 87°24'24" E- 660.00 feet, thence S 87024'07" E - 658.59 feet to a point on the East line of said 40 acre tract, thence along said East line S 2031' 12" W - 330.00' to a point in George Anderson Road from which a reference iron set on the West Right -of -Way of George Anderson Road bears N 87124'03" W - 31.82 feet, thence N 87024'03" W - 658.95 feet, thence N 87°24'46" W - 659.92 feet to a point on the occupied West line of said 40 acre tract, thence along an existing fence on said occupied West line N 2034'07" E - 330.06 feet to the POINT OF BEGINNING. Containing 9.99 acres, more or less. REr,FwEr LM MAY 2 g 2004 CITY Or rAYETM CITY CLERK'S OFFICE 2. The above -described property owned by the Petitioners, Craig Harper and Karyn Harper, husband and wife, is adjacent and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. A true and correct copy of the Vicinity Map of the above -described properties is attached hereto as Exhibit "A" and made a part hereof by reference. 4. The above -described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the above - described property and the City of Fayetteville, Arkansas. 5. Pursuant to Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above -described properties be annexed to the City of Fayetteville, Arkansas. 6. Petitioners further state that the law firm of Harrington, Miller, Neihouse & Krug, P.A., Springdale; Arkansas, is authorized to act for and on behalf of the Petitioners in presenting this matter to the Court and in all matters connected with this Petition and subsequent hearings or annexation proceedings connected therewith. 7. Petitioners request that this Court set a date for hearing this Petition, not less than thirty (30) days after the date of the filing of this Petition, pursuant to Arkansas law. WHEREFORE, Petitioners pray that the above -described property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a hearing thereon as required by law; and that this Court, by its Order, fix a time and place for said hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to which Petitioners may be entitled. CRAIG HARPER and KARYN HARPER, Husband and Wife, Petitioners HARRINGTON, MILLER, NEIHOUSE & KRUG A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (501)751-6464 Attorneys for Petitioners • ,0 d By: Michele A. Harrington Arkansas Bar No. 85217 Stephen J. Miller Arkansas Bar No. 91160 VERIFICATION OF PETITION FOR ANNEXATION STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) We, Craig Harper and Karyn Harper, husband and wife, hereby state under oath that we have read the above and foregoing Petition for Annexation, and that the facts and allegations contained therein are true and correct to the best of our kn wledge n belief. Craig H November. 2003 RUTH T. VARNER My of nws SintuiExpirmsas County of Benton My Commission Exp. 12131l2010 Karyn H er be e, a Notary Public, this %J day of �.v__ Notary Public CERTIFICATE OF SERVICE I, Michele A. Harrington, of Harrington, Miller, Neihouse & Krug, P.A., attorneys for petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing address in Fayetteville, Arkansas, this the � day of November, 2003. L' i'�c l^49 Michele A. Harrington Page 3 11/26/2003 13:28 4797518746 • ESI SPRINGDALE • & O>O rg Exhibit "A" CC oqofl3 F1 � rD •�3 A00 26 P/n y o IN THE COUNTY COURT OF WA9'IINGTONO ARKANSAS IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2003-a P ORDER SETTING HEARING On this c day of 4aeelra4Aam, is presented to this Court a Petition for Annexation filed in the County Court of Washington County, Arkansas on November 26, 2003, by the Petitioners, Craig Harper and Karyn Harper, husband and wife, the real estate owners desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to Arkansas Code Annotated §14-40-602, a hearing on said Petition for Annexation shall be held in the office of the County Judge of the County Court of Washington County, Arkansas, on Wednesday, the 31" day of December, 2003, at 9:00 o'clock a.m.; the Clerk of this Court is hereby directed to issue a notice of said hearing as set forth herein; and Harrington, Miller, Neihouse & Krug, P.A., the agent named by said petitioners, shall give notice of such hearing as provided by law, with said notice to be published in the manner and for the full length of time as required by law. �ZJERRY HUNTON, County Judge IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED t03 OEC 31 PCl 9 04 IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO iiii y ' "' "` "i f F :11 A 1 !' CITY OF FAYETTEVILLE, ARKANSAS ' ' f' a 0 T C L c li K Case No. CC 2003-28 DECREE OF ANNEXATION Now on this 31S` day of December, 2003, this cause comes on to be heard, the Petitioners, Petitioners, Craig Harper and Karyn Harper, husband and wife, through their attorney, Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the, Court upon the verified petition filed herein, and any oral and documentary evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth hereby find, judge and decree as follows: 1. The Petition in this cause was filed on November 26, 2003, at which time this Court fixed Wednesday, December 31, 2003, at 9:00 a.m., as the date and time of hearing for said cause, and that a full thirty (30) days has passed since the filing of the Petition, and this Court has jurisdiction of the persons and subject matter of this cause of action, and venue is proper herein. 2. The Petition filed herein named Harrington, Miller, Neihouse & Krug, P.A. to act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all matters connected with the Petition, as well the required notices, and this and any other hearings or annexation proceedings connected therewith. 3. Harrington, Miller, Neihouse & Krug, P.A. has given Notice of hearing on the Petition as required by law, and the proof of publication of said notice is now on file with the Clerk of this Court. 4. The Court is satisfied that the allegations of the Petition filed herein are sustained by the proof, and that a majority of the total number of real estate owners in the area affected by this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of the acreage affected. '' // ' g V `- FC) Page 1 of 3 Pages 0 5. The land and territory sought to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: A part of the Southeast Quarter (SE1/4) of the Southeast Quarter (1/4) of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to - wit: Commencing at the Northwest comer of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02039'07" W - 18.94 feet; thence S 2°34'07" W - 330.06 feet along an existing fence on the occupied West line of said 40 acre tract to the POINT OF BEGINNING, thence S 87024'24" E- 660.00 feet, thence S 87024107" E - 658.59 feet to a point on the East line of said 40 acre tract, thence along said East line S 2031' 12" W - 330.00' to a point in George Anderson Road from which a reference iron set on the West Right -of -Way of George Anderson Road bears N 87°24'03" W - 31.82 feet, thence N 87124'03" W - 658.95 feet, thence N 87°24'46" W - 659.92 feet to a point on the occupied West line of said 40 acre tract, thence along an existing fence on said occupied West line N 2034'07"' E - 330.06 feet to the POINT OF BEGINNING. Containing 9.99 acres, more' or less. and, the same is accurately described in the Petition filed herein. 6. Attached to and made a part of said Petition is an accurate Vicinity Map of the above -described property that is sought to be annexed to the City of Fayetteville, Arkansas. 7. The above -described property owned by the Petitioners, Craig Harper and Karyn Harper, Husband and Wife, is adjacent to and adjoins the present boundaries of the City of Fayetteville, and is contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas, and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 8. The prayer of the Petition filed herein is right and proper and should be granted. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et seq. IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to be Vck- Sod Page 2 of 3 Pages I properly recorded upon the records of Washington County, Arkansas, and the Clerk, after properly recording and filing the original papers, is directed to prepare certified transcripts of the same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas, one copy to the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public Service Commission. E Y HUNTON, County Judge �/� - so? Page 3 of 3 Pages 11/26/2003 13:28 4797518746 • ESI SPRINGDALE • PAGE 02 V, 'n,- g 0 Exhibit "A" FILED T'i FEB 3 R�� IN THE COUNTY COURT OF WASHINGTON COUNTY, AR1 gdS KAREN COMBS PRITCHARD CO. & PROBATE CLERK WAS!JINGTOt1 CO. IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2003-28 NOW on this . day of :Zdt 2004, the Petition for Confirmation of Annexation having been filed herein by the Pefitioners, Craig Harper and Karyn Harper, Husband and Wife, through their attorney, Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, Arkansas, and there being no protests or objections filed herein, this matter is submitted to the 'Court upon the Petition filed herein, and the Court being well and sufficiently advised finds: 1. There was entered in this cause a Decree of Annexation, which annexed the following described real estate to the City of Fayetteville, Arkansas: A part of the Southeast Quarter (SEl/4) of the Southeast Quarter (1/4) of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest comer of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02039'07" W - 18.94 feet; thence S 2034907" W - 330.06 feet along an existing fence on the occupied West line of said 40 acre tract to the POINT OF BEGINNING, thence S 87024'24" E- 660.00 feet, thence S 87°24'07" E - 658.59 feet to a point on the East line of said 40 acre tract, thence along said East line S 2031112" W - 330.00' to a point in George Anderson Road from which a reference iron set on the West Right -of - Way of George Anderson Road bears N 87024703" W - 31.82 feet, thence N 87024T3" W - 658.95 feet, thence N 87024'46" W - 659.92 feet to a point on the occupied West line of said 40 acre tract, thence along an existing fence on said occupied West line N 2034'07" E - 330.06 feet to the POINT OF BEGINNING. Containing 9.99 acres, more or less. 2. Said Decree was duly filed in the County Records of Washington County, Arkansas, on December 31, 2003. Page 1 of 2 Pages 3. No notice of objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the County Clerk or the Circuit Clerk of Washington County, Arkansas. 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and that this Court find that the petition and all proceedings thereunder are in compliance with the statutes and that the action of the County Court, in its Decree of Annexation entered December 31, 2003, be in all things approved and confirmed. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED, that: 1) the Decree of the Court entered on the 31' day of December, 2003, is hereby approved and confirmed in all respects; 2) the original papers in this cause should be delivered to the Clerk of Washington County, Arkansas, with the same to be properly recorded upon the records of said County; 3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed territory, one copy of the Order of the Court, and the Ordinance of the City Council, and shall forward a copy of each document to the Secretary of State, who shall file and preserve them; 4) the Clerk shall also forward one copy of the Plat of annexed territory and one copy of the Order of the Court to the Director of the Tax Division of the Arkansas Public Service Division, who shall file and preserve them and shall notify all utility companies having property in the municipality of the annexation; and 5) the Clerk shall forward a certified copy of the Order of the Court to City Council. IT IS SO ORDERED this Z day of 7 72004. RR1 HLINTON, County Judge Page 2 of 2 Pages FROM WACO CLERK, isv Sandra L. Hochstetler Chakman (501)682-1455 Daryl E. Bassett Commissioner (501)682-1453 Randy Bynum Commissoner (501) 682-1451 June 1. 2004 (WED)JUN 2 2004 11:161.11:10/NO.6314274065 P 1 ARKANSAS PUBLIC SERVICE COMMISSION TAX DIVISION 1000 Center Street P.O. Box 8021 Little Rock. Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 662-6043 E-mail: taxoi psc.state.ar.us Ms. Shirley Brown Washington County Deputy Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Re: Annexations Dear Ms. Brown, ,lpa .r�rf S > "t Sarah M. Bradshaw Dirmlor (501)682-1231 7� p n v x x 7° o ry r m OqN Ci z �l ro 3 Ca m p .1 o C� :, 40 r c1 W � 40 y s� 2. p-- 0 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, k Kathy Hugis Executive Secretary FROM WACO CLERK is (FRI)JUN 2004 14:10/ST.14:09/0.6314274078 P • State of Arkansas Secretary of State < >' Business & Conunerelat Servkv% 6023409 s Ay elections fiB2.s070 BuOuing&Grounds 6823532 Communications a education 683.0057 Charlie Daniels Slate copltm roller 682.5173 ausine.s office 6820032 Secretary of State olurmation Tcchnolopy 6023411 June 3, 2004 n o 1 n >7 1r � The Honorable. Karen Combs Pritchard a• a (nm `c Washington County & Probate Clerk :zi .0 c� a 280 North College Ave., Suite 300 c s T Fayetteville, AR. 72701 Co m n N A m Z Dear Ms. Pritchard: o a`-c~i rn Sp The Following Information has been recorded and filed in the Office of th7Cee�etary of State: Date: 06/03/2004 County: Washington City: Fayetteville Annexation: Ordinance No. - 4568 Co. Order No CC 2003-28 Plat X Election - Island Incorporation: Ordinance No. Co. Order No. Plat Election Census Information 1 st 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, Leanna Godley Election Services Representative ROOM 2S6 State CMPitol • Wltle Rock. Arkansas 72201.1094 501.682.1010 • Fax SO11•682.3910 e-mail: soseallstotle.net • www.sos.arkan"%.6cv 0 i NAME OF FILE: Ordinance No. 4568 w/Ex. A CROSS REFERENCE: Item # Date Document 1 04/15/04 memo to mayor & city council 2 draft ordinance 3 04/07/04 memo to Planning Commission 4 04/08/04 memo to Planning Commission 5 04/05/04 letter to Dawn Warrick 6 04/05/04 memo to planning 7 12/31/03 Icopy of Decree of Annexation 8 copy of Petition for Annexation g copy of Close Up View 10 copy of One Mile View 11 04/20/04 Staff Review Form 12 05/12/04 memo to Dawn Warrick 13 05/13/04 Affidavit of Publication copy of Petition for Annexation copy of Order Setting Hearing copy of Decree of Annexation copy of Order Setting Hearing copy of Order Confirming Annexation 06/01/04 letter to Shirley Brown 06/03/04 letter to Karen Combs Pritchard 06/03/04 letter to Karen Combs Pritchard NOTES: Circuit Clerk • City Council Meeting of May 04, 2004 Agenda Item NumberS�'o CITY COUNCIL AGENDA MEMO To: Mayor and City Council ,4NX0y a r1601 Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: April 15, 2004 Subject: Annexation for Harper/Brandon (ANX 04-05.00) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Harper/Brandon. This action will incorporate a 9.99 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 property is 9.99 acres and located east of Crossover Road (principal arterial), north of Copper Creek Phase II, and south of Springdale city limits. It is adjacent to the city limits along its southern boundary where it abuts the Copper Creek Phase II, an approved preliminary plat. The north, east, and south boundaries are not contiguous to the City limits. Although the tract of land will result in the expansion of a peninsula, it will create a city boundary that will extend to the Planning Area boundary. Connectivity and off -site improvements will be evaluated at the time of development. Proposal: The applicant requests annexation into the City of Fayetteville, along with a companion rezoning request. DISCUSSION On April 12, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval with an accompanying rezoning request. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE CONFIRMING ANNEXATION PETITION ANX 04-05.00 TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY LOCATED SOUTH OF ALBRIGHT ROAD ON THE WEST SIDE OF GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 9.99 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. Three. PASSED AND APPROVED this day of 2004. APPROVED: By: ATTEST: Sondra Smith, City Clerk Dan Coody, Mayor EXHIBIT "A" ANX 04-05.00 A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY- NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02039'07"W - 18.94 FEET; THENCE S2034'07" W-330.06 FEET ALONG AN EXISTING FENCE ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT TO THE POINT OF BEGINNING, THENCE S87024124"E 660.00 FEET, THENCE S87024107"E-658.59 FEET TO A POINT ON THE EAST LINE OF SAID 40 ACRE TRACT, THENCE ALONG SAID EAST LINE S2031'12"W - 330.00' TO A POINT IN GEORGE ANDERSON ROAD FROM WHICH A REFERNECE IRON SET ON THE WEST RIGHT OF WAY OF GEORGE ANDERSON ROAD BEARS N87024'03"W - 31.82 FEET, THENCE N87024'0351W - 658.95 FEET, THENCE N87024'46" W - 659.92 FEET TO A POINT ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT, THENCE ALONG AN EXISTING FENCE ON SAID OCCUPIED WEST LINE N2034107" E - 330.06 FEET TO THE POINT OF BEGINNING. CONTAINING 9.99 ACRES, MORE OR LESS. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 12, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: April 07, 2004 ANX 04-05.00: Annexation (Harper/Brandon, pp 61) was submitted by Michelle Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary Brandon for property located at Albright Road and George Anderson Road. The property is in the Planning Area and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): COMMISSION ACTION: April 12, 2004 COUNCIL ACTION: Date: May 04, 2004 BACKGROUND: Required YES O Approved O Denied Required YES O Approved O Denied Property description: The subject property contains to tracts of property equaling 9.99 acres of vacant property located east of Crossover Rd. (principal arterial), north of Copper Creek Ph. II, and south of Springdale city limits. The property is adjacent to the city limits along its southern boundary where it abuts the Copper Creek Ph. II (PPL under construction) from which connectivity will be provided to the north. Proposal: The applicant proposes the annexation of property into the City of Fayetteville. A rezoning request has been submitted for this property. Request: The request is to annex the subject property into the City of Fayetteville. K:18EP0R7S120041PC REPOR7S104-12-04W NX 04-05.00 HARPER-BRANDONDOC I Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to a preliminary approved subdivision currently under construction and extends to the northern boundary of the Planning Area. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single-family City of Springdale South Vacant (PPL Copper Creek Ph. II under constructionper RSF-4, Residential Single Family, 4 units acre East Single-family Planning Area West Vacant Planning Area INFRASTRUCTURE: Streets: George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Surrounding Master Street Plan Streets: North: Albright Rd. (no classification) South: Zion Rd (collector) East: George Anderson Rd. (collector) and Howard Anderson Rd. West: Copper Creek Dr. (local) Water: The property will have access to an 8" looped water main systern that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. The developers engineer will need to provide calculations to show that there is adequate capacity in the Copper Creek 2 lift station and the Stonewood lift station. Upgrades to these stations and/or force mains may be required. Fire: The subject property is located 4.7 miles from the Fire Station #4. Normal driving time is 8 min. 27 seconds. The property is located 5.7 miles from Station #5 at 833 Crossover Rd with a response time of 9 minutes 28 seconds. Police: It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby K. V?EPORTS120041PC REPORTS104-12-0414NX 04-05.00 HARPER-BRANDONDOC undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. 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 extend an existing peninsula to the north. The extension will, however create an appropriate boundary that will extend to the Planning Area boundary. No island, a tract of county property completely surrounded by a municipality, will be created by annexing the subject property. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: .The proposed annexation area is adjacent to the City Limits to the south for approximately 1300 feet. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area does not consist of defined subdivisions or neighborhoods; however, future development plans may include the extension of the Copper Creek subdivision. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of just over 8 minute for fire protection from the Fire Station #4 and just over 9 minutes from Fire Station #5. Any development in this area would necessitate installation of hydrants to provide for fire protection. The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. Verification that this area is within the Fayetteville water service territory shall be determined at such time development occurs on the subject property. K. WEPORM0041PC REPOMA04-12-04W NX 04-05.00 HARPER-BRANDONDOC • 0 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: The police department reports that current levels of service would not be compromised and that coverage in this area can be provided. Sewer shall be extended from the 8" sewer main being installed with Copper Creek Ph. II to the south during the development of new subdivision(s). 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service shall be provided to this area with the same level of responds and service as other developments in this area. Sewer improvements to the area are being provided for with the development of approved preliminary plats. 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: Water, fire and police protection are currently provided in this area. 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: Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. K. IREPOR7S11004PC REPOR7S104-12-04W NX 04-05.00 HARPER-BRANDON.DOC 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: Annexation of this property will adjoin Fayetteville City limits with Springdale City limits. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. 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 to RSF-4, Residential single family, 4 units/acre. This zoning designation is compatible with the Residential classification of the area on the City's adopted Future Land Use Plan. 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. 11.6.q Development proposals require a separate review from the annexation proposals. Finding: Development of this property has not been proposed. At the time the applicant desires to development the property, the applicant will be required to submit project plans for review and approval by the Planning Commission. 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. 11.6.w Encourage larger annexations to create acceptable boundaries. K. IREPORM20041PC REPORTY04-11-04W NX 04-05.00 HARPER-BRANDON.DOC Finding: This annexation includes two tracts of land totaling 9.99 acres owned by the Craig and Karyn Harper and represented by Gary Brandon Enterprises, Inc. The combined requests create a reasonable boundary avoiding the creation of unusual boundary lines. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K. IREPOR7S12004PC REPORTS104-72-04NNY" 04-05.00 HARPER-BRANDONDOC From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries l 1.6.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. 11.6.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. IREPORTS120041PC REPORTSI04-12-04WNX 04-05.00 HARPER-BRANDON.DOC FAYETTEVILLE PC Meeting of April 12, 2004 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8202 ENGINEERING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer DATE: April 8, 2004 ANX 04-05.00: Annexation (Harper/Brandon, pp 61) was submitted by Michelle Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary Brandon for property located at Albright Road and George Anderson Road. The property is in the Growth Area and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan RZN 04-04.00: Rezoning (Harper/Brandon, pp 61) was submitted by Michelle Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary Brandon for property located at Albright Road and George Anderson Road. The property is zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to rezone the subject property to RSF- 4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The property will have access to an 8" looped water main system that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. The developers engineer will need to provide calculations to show that there is adequate capacity in the Copper Creek 2 lift station and the Stonewood lift station. Upgrades to these stations and/or force mains may be required. George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Name Matt Casa Department Engineerin FAYE'PrEVILLE RECEIVED APr1 apt Ia THE CITY OF FAYETTEVILLE, ARKANSAS PLAN N I iv u U IV. April 5, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, This document is in response to the request for a determination of whether the proposed ANX 04-05.00 Annexation (Harper/Brandon, pp 61) and RZN 04-04.00 Rezoning (Harper/Brandon, pp 61) submitted by Michelle Harrington on behalf of Craig and Karen Harper and Gary Brandon for property located at Albright Road and George Anderson Road would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services nor create and appreciable increase in traffic danger and traffic congestion. Si cerely, Lieutenant William Brown Fayetteville Police Department POLICE DEPARTMENT AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 :O. BOX 1988 JAIL 140-A WEST ROCK STREET 72701 AYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-587-3522 Apr 05 04 03:13p OrW Farrar (504 444-3447 p.3 FAYETTEVILLE FIRE MARSI-IAL'S OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS From: Fire Prevention Bureau TO: Planning Division Date -OS-d REZONING ANNEXATION � REZONING# OWNER ANNEXATON#_O�/ DSR� OWNER LOCATION OF PROPERTY NEAREST FIRE STATION AND - LOCATION RESPONSE TIME FROM FIRE STATION #.y_To LOCATION OF PROPERTY 8 MINUTES 27 SECONDS. TRAVEL MILES FROM FIRE STATION #-Y_TO LOCATION OF PROPERTY d/. 7 Anil , COMMENTS ON FIRE DEPT. ACCESS/ROADWAYS EXISTING FIRE HYDRANTS? IF SO LOCATION /Le _ ov m r.� 1i � _ -2�v,/ /.A WATER SUPPLY WITH HYDRANTS NEEDED?_lrAj ADDITIONAL MAIN OFFICE 115 SOUTH CHURCH ST. SUBSTATION (501) 444-3448 / (501) 444-3449 N.W.A. MALL FAX (501) 575-8272 (501) 575-8271 FAX (501) 575-8272 FROM WACO CLERK (FRO APR 16 2004 1116/ST,11:16/NO.6314274934 P 1 j J PILED ✓ Noy 2s KAREN DO P� 3 57 Co. oa PRITCHARD wASH1p;G;r NROg,ATE CLERK 0r; rC.)SPn. IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE p CITY OF FAYE1 TEVILLE, ARKANSAS Case No. CC 2003- 0 PETITION FOR ANNEXATION Come now, Craig Harper and Karyn Harper, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1, Petitioners, Craig Harper and Karyn Harper, husband and wife, are the record owners of the following described property situated in Washington County, Arkansas, to -wit: A part of the Southeast Quarter (SEl/4) of the Southeast Quarter (1/4) of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to - wit: Commencing at the Northwest comer of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02°39'07" W - 18,94 feet; thence S 2034'07" W - 330.06 feet along an existing fence on the occupied West line of said 40 acre tract to the POINT OF BEGINNING, thence S 87024'24" E- 660.00 feet, thence S 87024107" E - 658.59 feet to a point on the East line of said 40 acre tract, thence along said East line S 2031' 12" W - 330.00' to a point in George Anderson Road from which a reference iron set on the West Right -of -Way of George Anderson Road bears N 87124'03" W - 31.82 feet, thence N 87124103" W - 658.95 feet, thence N 87024946" W - 659.92 feet to a point on the occupied West line of said 40 acre tract, thence along an existing fence on said occupied West line N 2034T7" E - 330.06 feet to the POINT OF BEGINNING. Containing 9.99 acres, more or less. FROM WACO CLERK • (FRO APR 16 2004 116/ST.11:16/NO.6314274934 P 2 2. The above -described property owned by the Petitioners, Craig Harper and Karyn Harper, husband and wife, is adjacent and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. A true and correct copy of the Vicinity Map of the above -described properties is attached hereto as Exhibit "A" and made a part hereof by reference. 4. The above -described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the above - described property and the City of Fayetteville, Arkansas. 5. Pursuant to Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above -described properties be annexed to the City of Fayetteville, Arkansas. 6. Petitioners further state that the law firm of Harrington, Miller, Neihouse & Krug, P.A., Springdale, Arkansas, is authorized to act for and on behalf of the Petitioners in presenting this matter to the Court and in all matters connected with this Petition and subsequent hearings or annexation proceedings connected therewith. 7. Petitioners request that this Court set a date for hearing this Petition, not less than thirty (30) days after the date of the filing of this Petition, pursuant to Arkansas law. WHEREFORE, Petitioners pray that the above -described property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a hearing thereon as required by law, and that this Court, by its Order, fix a time and place for said hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to which Petitioners may be entitled. CRAIG HARPER and KARYN HARPER, Husband and Wife, Petitioners HARRINGTON, MILLER, NETHOUSE & KRUG A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (501) 751d464 Attorneys for Petitioners Page 2 FROM WACO CLERK • (FROAPR 16 2004 1 0/ST.11,16/NO.6314274934 P 3 By: !X Michele A. Harrington Arkansas Bar No. 85217 Stephen J. Miller Arkansas Bar No. 91160 VERIFICATION OF PETITION FOR ANNEXATION STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINOTON ) We, Craig Harper and Karyn Harper, husband and wife, hereby state under oath that we have read the above and foregoing Petition for Annexation, and that the facts and allegations contained therein are true and correct to the best of our kn wledge and belief. 5 gH SUBSCRIBED AND SWORN to be e, a Notary Public, thisr.. day of November 2003. RUTH T. VARNER My ot�wExpirtso� 1 C" my f Benu ° No Public My GmmiWm Fop. 1y312010 CERTIFICATE OF SERVICE 1, Michele A. Harrington, of Harrington, Miller, Neihousc & Krug, P.A., attorneys for petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing address in Fayetteville, Arkansas, this the - day of November, 2003. Michele A. Harrington Page 3 • 0 t IN THE COUNTY COURT OF WASHINGTON Cq"bY, ARKANSAS #03 DEC 31 IN THE MATTER OF: 1 `. ANNEXATION OF CERTAIN LANDS TO THE ,- v'• a f Oi ;i i c C! a CITY OF FAYETTEVILLE, ARKANSAS '' >! ! , ,1, %e No. CC 2003-28 DECREE OF ANNEXATION Now on this 3151 day of December, 2003, this cause comes on to be heard, the Petitioners, Petitioners, Craig Harper and Karyn Harper, husband and wife, through their attorney, Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and any oral and documentary evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth hereby find, judge and decree as follows: 1. The Petition in this cause was filed on November 26, 2003, at which time this Court fixed Wednesday, December 31, 2003, at 9:00 a.m., as the date and time of hearing for said cause, and that a full thirty (30) days has passed since the filing of the Petition, and this Court has jurisdiction of the persons and subject matter of this cause of action, and venue is proper herein. 2. The Petition filed herein named Harrington, Miller, Neihouse & Krug, P.A. to act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all matters connected with the Petition, as well the required notices, and this and any other hearings or annexation proceedings connected therewith. 3. Harrington, Miller, Neihouse & Krug, P.A. has given Notice of hearing on the Petition as required by law, and the proof of publication of said notice is now on file with the Clerk of this Court. 4. The Court is satisfied that the allegations of the Petition filed herein are sustained by the proof, and that a majority of the total number of real estate owners in the area affected by this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of the acreage affected. LJ Page 1 of 3 Pages 5. The land and territory sought to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: A part of the Southeast Quarter (SEl/4) of the Southeast Quarter (1/4) of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to - wit: Commencing at the Northwest corner of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02139'07" W - 18.94 feet; thence S 2134'07" W - 330.06 feet along an existing fence on the occupied West line of said 40 acre tract to the POINT OF BEGINNING, thence S 87124'24" E- 660.00 feet, thence S 87024107" E - 658.59 feet to a point on the East line of said 40 acre tract, thence along said East line S 2131' 12" W - 330.00' to a point in George Anderson Road from which a reference iron set on the West Right -of -Way of George Anderson Road bears N 87124'03" W - 31.82 feet, thence N 87124'03" W - 658.95 feet, thence N 87°24'46" W - 659.92 feet to a point on the occupied West line of said 40 acre tract, thence along an existing fence on said occupied West line N 2034'07" E - 330.06 feet to the POINT OF BEGINNING. Containing 9.99 acres, more or less. and, the same is accurately described in the Petition filed herein. 6. Attached to and made a part of said Petition is an accurate Vicinity Map of the above -described property that is sought to be annexed to the City of Fayetteville, Arkansas. 7. The above -described property owned by the Petitioners, Craig Harper and Karyn Harper, Husband and Wife, is adjacent to and adjoins the present boundaries of the City of Fayetteville, and is contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas, and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 8. The prayer of the Petition filed herein is right and proper and should be granted. 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. 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 the year 1963, as codified in Ark. Code Ann. § 14-40-601, et seq. IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original papers in this cause be delivered to the Clerk of Washington County, Arkansas, with -the same to be Page 2 of 3 Pages properly recorded upon the records of Washington County, Arkansas, and the Clerk, after properly recording and filing the original papers, is directed to prepare certified transcripts of the same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas, one copy to the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public Service Commission. J Y HUNTON, Counly-Judge Page 3 of 3 Pages All IMNJaIMMmml AlIDie ANX04-05.00 I H A R P E W B RA N D O N ISiB-14MkI aM � jir � I t� If 4` '-.� a,--.��,..-��—�.__ � -ems• I � 1 2 I I I , R-0 .! i RA ,t olti ff' QUMLN —_ I I I �I la f pu- 1 IIT- O tI �RXIs-n SUBJECT PROPERTY ,I ALOR / •-0 RSFH a}^` scv'L' 1=M 1 J� � i � f — �� RA �.n3 _ t j 4TITr� �Lll� ri.. 17 .AKE AYE, EVILLE -- i —Ft � 1 . 1 .uSeERL — — — — rwat� re L- waagnrYDOISON >-RSF4�I7i taoin wn�li _ Rh.. O��'RD -- - �i At RL LLi 1 i 3�� I RA 1 1 RMF.2� i i t lit— I� — — } . RDt it i vzd RSK.a Overview Legend 1 Subject Property Boundary Master Street Plan �y ANX04-05.00 ot-ts.,o Planning Area FreevravrDxVessxay 0 pa t overlay District ct Pons (arsenal Streets 000000° OveDist4p4kk#Minor AMral Existing L _ 1 City Limits �collMar vR/�Planned �Outslde CRy good HLstorc Collector 0 0.1 0.2 0.4 0.6 0.$ Miles Planning Commission April 12, 2004 ANX 04-05.00: Annexation (Harper/Brandon, pp 61) was submitted by Michelle Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary Brandon for property located at Albright Road and George Anderson Road. The property is in the Planning Area and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-04.00: Rezoning (Harper/Brandon, pp 61) was submitted by Michelle Harrington of Harrington, Miller, Neihouse & Krug, P.A. on behalf of Craig and Karyn Harper and Gary Brandon for property located at Albright Road and George Anderson Road. The property is zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to rezone the subject property to RSF-4, Residential Single- family, 4 units per acre. Ostner: The next item on our agenda is ANX 04-05.00 for Harper/Brandon. Morgan: I will review the Annexation request along with the Rezoning request together. Warrick: They will require separate votes but since they are the same property you might want to hear them together. Ostner: Ok, so we are going to hear the rezoning and discuss it and then we will hear the annexation and discuss it and vote on them separately. Morgan: I will review the annexation first. The subject property contains two tracts of property equaling 9.99 acres. This property is vacant and it is located east of Crossover Road, a principal arterial, and north of Copper Creek Phase II, an approved Preliminary Plat. It is also south of'the Springdale city limits. The property is adjacent to the city limits along it's southern boundary for approximately 1,300 feet and this is where it abuts Copper Creek Phase II. The applicant is proposing the Annexation of the property into the City of Fayetteville. We noted a rezoning request has been submitted for this property. Staff has reviewed this and made some findings. The requested annexation will extend an existing peninsula to the north. The extension, however, will create an appropriate boundary that will extend to the Planning Area boundary limits. No island completely surrounded by a municipality will be created by annexing this subject property. In addition, this area does not consist of a defined subdivision or neighborhoods. However, future development plans may include the extension of the Copper Creek subdivision and proposed boundaries for property lines. Current conditions result in a fire response time of just over eight minutes from Fire Station #4 and over nine minutes from Fire Station #5. Any development in this area would necessitate installation of hydrants and other such infrastructure improvements to the area. The Police Department reports that current levels of service would not be compromised and that coverage in this area can be provided. Planning Commission • • April 12, 2004 Annexations into the city automatically are zoned R-A and the applicant is requesting to rezone to RSF-4. I will review the findings that staff has made for that request for a rezoning. The proposed zoning is for single family residential and is compatible with the proposed land use to the south. The land use to the east is utilized for single family residential and agricultural uses with the property to the west vacant. A higher density than the R-A district allows for development of a subdivision with density appropriate in this area and would provide compatibility to the south. With those findings, staff is recommending approval of the requested Annexation and Rezoning. Ostner: Thank you Ms. Morgan. Is the applicant present? Could you introduce yourself? Harrington: My name is Mickey Harrington, I'm the attorney for the Brandons and the Harpers. With me tonight is the engineer on the project, Brian Moore of ESI and Mr. and Mrs. Brandon. If you have any questions we are here to answer them. I don't think there is anything to present that staff has not already told you about. We do request approval of both the Annexation and the Rezoning. Ostner: Thank you. At this point I will open it up for public comment. If you would like to come forward and tell us your name and give us your comments. Stewart: I am Alan Stewart, I live on George Anderson Road. Some of us here live on single houses on multiple acres and we are a little bit concerned about having 40 houses jammed on 10 acres. We are concerned about traffic, we are concerned about drainage, we are concerned about the width of Albright Road, which is already very narrow. The other person eluded to the fire coverage, we are also concerned about that. I would like to have these questions answered. None of us, as far as I know, has yet seen a plat of this property and we would like to have some of these questions answered. Thank you. Ostner: We'll try to do that tonight. Nooncaster: My name is John Nooncaster, my property abuts this. I have a map of this if you wouldn't mind taking a look at this. It is kind of a long story. I'll try to make it short and not burden you too much. The pink color on this map is Albright Road is here, this is the City of Springdale. The City of Fayetteville is along the western portion of this map. The City of Fayetteville also continues to the south of the Harper property, which is the brownish, orange property located here. I own the two tracts of property that are colored in yellow here. In this area bounded by George Anderson Road there are approximately 40 acres that are still county Planning Commission • • April 12, 2004 property. Out of this you are having an Annexation request for 10 acres tonight. Two weeks from now I have an application for an Annexation of the southern 20 acres that I own in this area as well. I had discussions with Ms. Warrick about a year ago and I was getting her opinion on staff s recommendation of bringing in both tracts of property that I own in this area. She said that there was a concern by the Planning Department that the blue tract here, which is approximately a three acre tract, would create an island if I brought my Annexation without that property. After much time and effort I decided it was better to bring an application for only the 20 acre tract and not for the 7 acre tract that is north of that because I felt that at some time in the future there would be a request for this Harper property to be brought into the city and they would face the same issue that I was facing, the creation of an island. If you read the General Plan 2020 it says one of the guiding principles is that annexations of existing islands and peninsulas should be formed. It says we should not annex areas that would create an island or a peninsula. Developers are often accused of trying to circumvent the rules and trying to get loop holes. If you read the finding that staff has it says no island, a tract of county property completely surrounded by a municipality will be created by annexing the subject property. That statement is totally true but the item that is glossed. over in that statement is the fact that it will not be surrounded by a municipality. There will be 30 acres in this area that will be completely surrounded by the municipalities of Fayetteville and Springdale. In my reading of that it says an island. It does not say an island that is surrounded by one municipality, it says an island. That is why I have chosen when I had my chance to make an application for the 20 acres that I did not brim the seven acres in because I had a discussion with Mr. Pate on March 1 V and he also voiced similar concerns about the creation of an island with this three acres of property. Apparently, if you create a three acre island it seems to be a trouble, you create a 30 acre island apparently there is not trouble with it. That was the comments I had. If anybody has any additional questions I would be happy to answer them. Ostner: Are there other members of the audience who would like to comment on both the Annexation and Rezoning? Rothenberger: My name is Andrea Rothenberger. My husband and I also own acreage wit all of the folks in our row on George Anderson Road and we have not been approached at all, unlike some of the others I've heard tonight, by the applicant at all, Mr. Brandon or Mr. Harper in regard to what the plans are for the residential rezoning. I would like to know and I think others of us would just like to know a little bit more and have more information in general about what the intent is on the square footage of the homes and in general what would be planned for homes there. Planning Commission • • April 12, 2004 Ostner: Thank you. Are there other members of the public who would like to comment on this issue? Stewart: My name is Catherine Stewart and I also own property on George Anderson Road. My question is George Anderson Road is currently a gravel road. Is the plan to pave this or maintain it as a gravel road and what would be the implication of additional traffic on a gravel road during the winter and the summer when there is a lot of dust? Ostner: Are there other members of the public who would like to comment on these two items? Seeing none, I will close it to the public and bring it back to the Commission for discussion with the applicant. Anthes: I wondered if staff might talk to the neighbors on George Anderson Road and tell them when in the process they will be privy to the development plans. Warrick: The process is just getting started at this point in time. We are considering annexing 9.99 acres into the city limits of Fayetteville and should that be approved by the City Council the request is for that property to then be zoned for single family residential use with no more than four units per acre. Once that is in place, should the Council approve those two requests, the applicant would then be able to submit a development proposal to the city showing a Preliminary Plat to layout a subdivision showing street connections, how many lots, what size lots, where detention is, and what improvements would be going along with that particular development. That will go again through the Planning Commission review process. It will be heard at two public hearings through the Planning Commission process prior to approval. That is a secondary action once this particular request and it's accompanying rezoning request are through the process. Should the Council choose not to annex the property or zone it we would not see a development proposal unless the applicant chose to develop a project in the city's Planning Area, which would not be required to meet certain development criteria of the city. Moore: I'm Brian Moore with Engineering Services. Copper Creek Phase II abuts George Anderson Road. In Copper Creek Phase II we are making improvements to our side of George Anderson Road to the city standards and the other side, the east side, to the county standards. I would assume that it would be the same. The development of this acreage we would end up doing the same thing. MOTION: Anthes: By annexing the property we are able to, as a city, require a higher level of standards for that street development than if the property remains in the Planning Commission • • April 12, 2004 county. Knowing that, I would like to move to send ANX 04-05.00 to the City Council with a recommendation for approval. Shackelford: I will second. Ostner: We have a motion and a second. Is there any other discussion on this issue? Trumbo: Mr. Nooncaster's concern about the island, I was wondering if the staff could comment on that. Warrick: Staff believes that what is being created here, while it will be a 30 acre tract of land that is surrounded on all four sides by incorporated properties, on three sides by the City of Fayetteville and on the north by the City of Springdale, with regard to the Annexation policy, we are not creating an island that the city would then have the ability to control by annexing it through ordinance as we could if that piece of property were surrounded on all four sides by the City of Fayetteville. I believe what we have here is a timing issue. It is a situation where the property to the east has come before, the Nooncaster property, which is slated for your agenda on the 261h. With regard to whether the three acre Kelly tract is then of issue, that is something that we have to weigh the Annexation policy against. In reality, should the Council choose to annex this 10 acres that we are considering tonight, I believe it makes the case even stronger for the Nooncaster and Kelly properties to be annexed into the City of Fayetteville because they are surrounded on three sides by the City of Fayetteville. They are within the City of Fayetteville Planning Area, which is the designated boundary that we feel will become annexed to the city within a 25 to 30 year span. Therefore, being suitable to be annexed into the city. It is a timing issue and what we see first, second and last is really based on when applicants propose to go into the process. The city is not actively reaching out and annexing by election at this point in time. There are other communities in Northwest Arkansas that are choosing to do that right now but it is not something that the City of Fayetteville desires to do. We look for people to petition to annex into the city and then once we have the application in process and understand what's being requested, we analyze that against our adopted policies to make a recommendation to you and to the City Council on that request. Ostner: Thank you. Is there any other discussion? Renee, can you call the roll please? Roll Call: Upon the completion of roll call the motion to forward ANX 04-05.00 to the City Council with a recommendation for approval was approved by a vote of 8-0-0. Planning Commission • • April 12, 2004 Thomas: The motion carries eight to zero. Ostner: The next item is tandem to this, RZN 04-04.00 for Harper Brandon, the same parcel and the same project we have already been talking about. We have already heard a presentation. Commissioners, do you have discussion on this Rezoning? Shackelford: Based on what we just did, the request was an annexation. The property comes in under bylaw as zoned Agricultural. On the 2020 Plan and looking at adjoining neighborhoods, it makes a lot more sense I think to be zoned RSF-4 with a maximum of four units per acre. Based on staff s findings and those two points of fact, I•will make a motion that we recommend approval to the City Council of RZN 04-04.00. Anthes: I will second. I would also like to encourage the developers to have a meeting with the neighbors as you develop your recommendations for the plan. Ostner: Thank you. We have a motion by Commissioner Shackelford and a second by Commissioner Anthes. I would just like to reiterate that this is merely a land use decision and the development will come back before us and the public will have an opportunity at that point to talk about the details, the nuts and bolts that they want to hear about with this piece of property. Is there further discussion? Clark: I think that is a very important determination to make very clear. I think that this Commission will follow the development of this property very closely especially with regard to the concerns of the neighbors in the surrounding area so I would follow up on the suggestion that the developers work closely with the neighbors because there obviously, are a lot of concerns with what now happens to this property. Because it has been annexed and we are about to take the next vote, it gives you much more voice in the whole process. Ostner: Thank you Ms. Clark. Is there further discussion on RZN 04-04.00? Renee? Roll Call: Upon the completion of roll call the motion to forward RZN 04-04.00 to the City Council with a recommendation for approval was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. STAFF MEW FORM - NON -FINANCIAL OPGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: %017.I CP&E Department ANX 04-05.00: Annexation (Harper/Brandon, pp 61) was submitted by Michele Harrington on behalf of Gary Brandon Enterprises, Inc. for property located south of Albright Road on the west side of George Anderson Road. The request is to annex 9.99 acres into the city limits of the City of Fayetteville. STAFF RECOMMENDATION: Approval. Division Head CiPrAiffo'mey Department Director financMinntLpmmall Services Dir. ChieAdministrative Officer Mayor Received in Mayor's Office DAte Dat�� Date [ME Cross Reference: Previous Ord/Res#: Orig. Contract Date: 'I `p D- Orig. Contract Number: Date Date New Item: Yes No FAYETTEVI LLE THE CITY OF FAYETTEVIIIE, ARRANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-PearmantF ` City Clerk Division Date: May 12, 2004 Re: Ordinance No. 4568 Attached is an executed copy of the above ordinance passed by the City Council, May 4, 2004, confirming annexation of property located south of Albright Road and west side of George Anderson containing 9.99 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 Arkansas ilazette amollcmit IF / AFFIDAVIT OF PUBLICATION I, Zdo solemnly swear that I am Leg 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, that advertisement of: was inserted in the regular editions on Po# ** Publication Charge: $ _/ J`J. �/41 Subscribed and sworn to before me this day of 2004. Notary Public My Commission Expires: 074. _IAOL� Please do not pay from Affidavit. An invoice will be sent. Official Seel RECEIVED SEAN-MICHAEL ARGO MAY 14 2004 Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07.25-2013 CITY OF FAYETTEVILLE ITY CLERICS OFFICE 212 NORTH EAST AVENUE 9 P.O. BOX 1607 a FAYETfEVILLE, ARKANSAS 72702 - (501) 442-1700 ORDINANCE NO.. BBB AN ORDINANCE CONRRMINGANNEXATION PETITION ANX 04- - 05.00 TO THE CITY OF FAYETTEVIILLE, ARKANSAS, OF .CERTAIN PROPERTY LOCATED, SOUTH OF'ALBRIGHT ROAD .,. ON THE WEST SIDE OF-GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 9.99,ACRES M BE If ORDAINED BY THE CRY COUNCIL OF WE CRY OF FAYETTEIIFLLE, ARRANSAS: Section 1: That the City Cound hereby confirms the annexation to the Oty of Fayeltwille, Arkansas, of that property described In Exhibit 'A' attached hereto and rnadea,Pao hereof.. wr Section 2: The offx:ial map of the City of Fayetteville, Arkansas.. is hereby amenped to reflect the change provided in Section 1 shwa. Section 3: That thefofAdal zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zonng designation of R-A, Residential Agricutturel to the subject pmpady. Section 4: That me above-tlescribetl Property Is hereby asag� to Ward No. Thme. PASSED wNi APPROVED this 4th day of May, 2034. mmiB f •A" ANX, 04-05.00 A PART OF THE SOUTHEAST OUARTER (SE EIGHTEEN (18),. TOWNSHIP SEVENTEEt WASHINGTON COUNTY, ARI ANSAS, BEINC WT. COMMENCING AT THE NORTHWEST COR ALBRIGHT ROAD AND FROM WHICH A REF SAID ROAD BEARS S0239'07W - 18.94 ACRE N87024'03"W-658.95 FEET, THENCE N57024' WEST UNE OF SAID 40 ACRE TRACT. THENCE WEST UNE N2034'07' E - 330,06 FEET TO THE MORE OR LESS. OF SAID 40 ACRE TRACT, SAID POINT BEING IN 4CE IRON SET ON THE SOUTH RIGHT OF WAY OF THENCE S2°34'07' W-330.06 FEET ALONG AN NE OF SAID 40 ACRE TRACT TO THE POINT OF THENCE S87-24'07"E-658.59 FEET TO A POINT THENCE ALONG SAID EAST UNE S2°31'12-W - 4D FROM,WHICH A REFERNECE IRON SET ON THE ROADJ3FARS N87024'03wW - 31.82 FEET, THENCE 46" W-659.92 FEET TO A POINT ON THE OCCUPIED ALONG AN EXISTING FENCE ON SAID OCCUPIED POINT OF BEGINNING.CONTAINING 9.99 ACRES, 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 Folice 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 4568 CC 2003-28 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 Godle Y Election Services Representative REGFwFn JUN 0 7 2004 L;r 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