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Ordinance 4597
a ORDINANCE NO, 4597 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY C. BRYAN MCBRYDE LOCATED ' SOUTHWEST OF THE FAYETTEVILLE BOYS AND GIRLSc, o CLUB ADJOINING THE EXTENSIONS OF RUPPLE ROAD`' ; ' s AND PERSIMMON STREET CONTAININGI' ` ^' —o APPROXIMATELY 80.00 ACRES o i c T ca c r= BE IT ORDAINED BY THE CITY COUNCIL OF THE { CITYoOIt:3 FAYETTEVILLE, ARKANSAS: > rn 0 ZB n -i N Section l: That the City Council hereby confirms the annexatiod to the Cc* 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 3`d day of August, 2004. APPROVED: Y FAYETTEVILLE By By ATTEST: A,,, ez� By: ONORA SMIT ity Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIullllllllllllllllllllllllllllllllllllllll VD' EL Recorded: 09/09/20040atID: 0076533002T02e27R34 PYw Fee Amt: $21.00 Pace 1 of 2 Mashlnoton County. AR Bette Stamps Clrcult Clerk Flle2004-00037307 ee 2003'36 i 0 EXHIBIT "A" ANX 04-02.00 THE NORTHWEST QUARTER (NW '/<) OF THE NORTHEAST QUARTER (NE '/4) AND THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION THIRTEEN (13), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST. 0 0 Washington County, AR I certify this instrument was filed on 09/09/2004 02:27:34 PM and recorded in Real Estate File Number 2004.00P37307 Bette Stamps - C' Clerk by * RECEIVED SEP 13 2004 CITY OF FAYETrEVILLE CRY CLERK'S OFFICE IN THE COUNTY COURT OF WASHIkT%4 Y, ARKANSAS �� 11 2, IN THE MATTER OF NO. CC 2003- So ANNEXATION OF CERTAIN LANDS TO Pf 0 THE CITY OF FAYETTEVILLE, ARKANSA' t y , .un.4 Tc t, t, Fp;f PETITION FOR ANNEXATION COMES now, C. Bryan McBryde of McBryde Family Limited Partnership, Petitioner, and for his Petition for Annexation, states and alleges as follows: 1. Petitioner is record title holder of the following described real property situated in Washington County, Arkansas: The Northwest Quarter (NW'/.) of the Northeast Quarter (NE'/.) and the Southwest Quarter (S W 1/4) of the Northeast Quarter (NE I/4) of Section Thirteen (13) in Township Sixteen (16) North of Range Thirty -One (31) West. 2. All of the above -described real property is adjacent to and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. The above -described real property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. 4. Pursuant to Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioner requests that the above -described real property be annexed in and to the City of Fayetteville, Arkansas. 5. Petitioner further states that the law firm of Raymond C. Smith, P.A. of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters connected with this Petition and subsequent hearings or annexation proceedings connected herewith (See Exhibit "A" attached hereto). 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty days after filing of this Petition and subsequent hearings or annexation proceedings therewith. WHEREFORE, Petitioner prays 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 Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition, and for all other relief which the Petitioners may be entitled. C. Bryan McBryde McBryde Family Limited Partnership Petitioner By and C. S Attorney at La 70 N. College Ave. Suite 11 Fayetteville, AR 72701 Ark. Bar No. 80135 Attorney for Petitioners AUTHORIZATION I, Bryan McBryde of McBryde Family Limited Partnership authorize the law firm of Raymond C. Smith, P.A., to act for and on behalf of the aforesaid Limited Partnership, in all matters relating to Rezoning, Planned Zoning District, Annexation, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville and County of Washington, for the following described real property situated in Washington County, Arkansas, to -wit: The Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4) and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section Thirteen (13), Township Sixteen (16) North, Range Thirty -One (31) West. Date: December 9, 2003 Bryan cB de McBryde Family Limited Partnership C/L NaRTN 46TN S 4n Wu, m. SWV4, NWl/4 s CnON 1 T-16-N, R-31-W 39.71! ACRES sS NW1/4 C/ s cnON 1 T-16-N, R-31-W 39.683 ACRES �` AR[ANSA$ STAl6 PI.W C MMM ZO4YS11il1 (NORTNii]NA) CRV OP PAYRTIOVOI$ A0. OIS.NONUK@lSAi1pN II8}80D OFDARFUIN_�>7gy. GIS.OB AV TRDDIILNAVIWI(MM Tg1AL srsr6N 43ao ,' � An(4ND _nnyRroR 11!e(y1Dd S)0.16N-31 W 41 Y)LLt].I OM 3p0.1R]-01 WAIYIO]-03.100) SW1/4, NEI/4 SECTION 13 T-16-N, R-31-W 39.702 ACRES 131091'� mR NAENAIL IN FENCE POST ♦ F RR SPIKE • STOC NNMER C POVER PRE O SET IRON PIN • FRllp PIN + COPOTED C OINER D C • SEVER MNIR O T KCSTA -E- AD LCCTRIC -N- FEWE LINE -SS- SAx11ART SEVER LINE V Y(d �qV CHARLIE SLOAN ➢M11I LIT WI QD R AfNC JLC N/ 4 ryJJV A2 INffOI(I mm FA�Y, IFR-IV-IIRK 6U[f FRfl RYIM N. IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS CO) n o IN THE MATTER OF Cn ANNEXATION OF CERTAIN LANDS TO THE z -V n O3 CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2PC&30 cn =� ca W r warn o rn ORDER OF ANNEXATION n m a 3 v t o t-+ r 0 On this ay of February, 2004, this cause comes on to be heard- 9@tionaf, x�n ca C. Bryan McBryde of McBryde Family Limited Partnership, represented by 11% Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed December 29, 2003, at which time the Court fixed February 5, 2004 at 10:00 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication 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. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: The Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4) and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section Thirteen (13), Township Sixteen (16) North, Range Thirty -One (31) West. u zq u t! l 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 particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. COUNTY JUDGE Sandra L. Mochstetter ARKANSAS Chairman PUBLIC SERVICE COMMISSION (501)682-1456 TAX DIVISION Daryl E- Bassett • to0o Center Street Commissioner P.O. Box 8021 (501) 682-1453 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682-6043 Sarah M, Bradshaw Randy Bynum E-mail: taxiftsc.state.ar.us Director Commissioner (501) 682.1231 (501)682-1451 X O n s September 14, 2004 , `•" '11 ,CP O Ln C� 6, [n Ms. Shirley Brown 3 q Washington County Deputy Clerk 280 North College Avenue, Suite 300 rn Co Fayetteville, AR 72701 Re: Annexations Dear Ms. Brown, This is to acknowledge receipt of annexation(s) Case No. CC-2003-27: CC-2003-29, CC-2003-30, CC-2004-2, CC-2004-3, CC-2004-5, CC-2004-14 and CC-2004-15. The information has been forwarded to the appropriate utilities. Sincerely, Kathy Hu es'i Executive Secretary z A nSnRR)OIRR'oN/zz:Cl'IR/7.7:G1 bnnz n7. AlaC(NOW) E FILED S �y 004 `.:u'' 20 PM 2 011 Charlie Daniels Secretary of State September 16, 2004 CG. b. PRJ:;;iTE CLERK I.^ ry lr r: �.: The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave. Fayetteville, AR. 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State Business a COminctclal peMcC% rvu..o.m elec"A S 682-5070 Building & Orouna6 6823332 Communications h eduutiun 683.0057 State eapltol Police 601-5173 Rupiucss office. 6828032 I nformptlon Tecl.nolpjr 662 5411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 09/ 16/2004 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 4597 CC-2003-30 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. 4Sincerely, / ,%�- / � 1A ►�► Ll� o(/K Leanna Godley U Election Services Representative Room 256 State Capital - Little Rock, Arkansas 72201-1094 SOI.662.1010 - Fax SOI.682.3510 e-mail: sov0aristotic.nct • www.sn,t.srkancaa.9nv 9 d DE096L9t89'aN/ZZ 9l'1S/EZ 9l b00Z OZ d3S(NOrJ) %V4, SECRpN NWI /. ,.1 JD.]IS R-JI-w 2RES YC i-f6-Ni 1] RJI-W SWI .. NE11- JB60 ACRES i tfi_N1 , R-JI-W 39.702 ACRES NYI➢G11ClPIS Aauxf.Lf m Are PLM'L LowuwA )reiml QrydPATrtIEVILL$AL 618110NIIM IA1161 1 W34=!I4JVA1LV ,.1)WL NA.,aA, -t tmn.m ueuum>mumm�cmra )o11WI1v�lYlad.1® %OIpF)IVOIlIMTICW w IL IN fgCC ASl fgMO 4 R SPILL Sid{ IWEIES O P POLE SO IIION PIN fg IIp1 PIN cd PUnD Cahn nKR Nlwnc rzLEPIaC xnsrr - - w " a CtRlc LNCL L11C -ri- S HMT Snn LIW II CBARLIE SLOAN E NAME OF FILE: Ordinance No. 4597 CROSS REFERENCE: Item # Date Document 1 08/03/04 jOrd. No. 4597 w/Ex. A 2 07/02/04 memo to mayor & city council 3 draft ordinance 4 memo to Planning Commission 5 copy of Table 6 6 copy of Projected Wastewater Capacity 7 letter from police department 8 letter from fire department 9 copy of Petition for Annexation 10 copy of Authorization 11 copy of lots 12 copy of Order of Annexation 13 copy of Close Up View 14 copy of One Mile View 15 Staff Review Form 16 vicinity map 17 copy of vicinity map 18 memo to Dawn Warrick 19 Affidavit of Publication 20 Petition for Annexation 21 copy of land survey 22 copy of Order Setting Hearing 23 copy of Order of Annexation P4 letter from Sec. of State 23 letter from Sec. of State 24 faxed letter from Public Service Commission 25 faxed letter from Sec. of State 26 letter from Raymond C. Smith 27 copy of Order Confirming Annexation 00/s/a�/ • City Council Ating of July 20, 2004 41cr/7 Agenda Item Number yy O4 Z CITY COUNCIL AGENDA MEMO 6 &040 „ To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator f Date: July 2, 2004 Subject: Annexation for McBryde/Sloan (ANX 04-02.00) RECOMMENDATION Planning Staff recommends approval of the requested annexation for McBryde/Sloan. This action will incorporate an 80 acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains approximately 80.0 acres of vacant property located south of Persimmon Street, west of the future Broyles Avenue, and west of Rupple Rd. The approved preliminary plats for Persimmon Place and Cross Keys R-PZD and Rupple Row are located northwest of the subject property. The property is adjacent to city limits to the north and to the west should the City Council approve the preceding annexation (ANX 04-01.00). The applicant intends to develop a single family residential subdivision in conjunction with 160 acres of property to the west (Greenwood/Sloan). Development of the land will most likely be in the form of a Planned Zoning District, as different zonings are required for single family lots (use unit 8) and a golf course (use unit 20). A conceptual masterplan for the property in question, along adjacent properties, has been submitted for review. The applicant requests annexation into the City of Fayetteville. This item, as well as the accompanying rezoning request, was tabled by the Planning Commission at the request of the applicant on April 26, 2004. It was heard again at the Planning Commission meeting of June 28, 2004. DISCUSSION On June 28, 2004, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval. The accompanying rezoning request was tabled by the Planning Commission with a vote of 6-3-0 with Commissioners Shackelford, Vaught, and Graves voting no. BUDGETIMPACT None. • ORDINANCE NO. AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY C. BRYAN MCBRYDE LOCATED SOUTHWEST OF THE FAYETTEVILLE BOYS AND GIRLS CLUB ADJOINING THE EXTENSIONS OF RUPPLE ROAD AND PERSIMMON STREET CONTAINING APPROXIMATELY 80.00 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. Four. PASSED AND APPROVED this day of 2004. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: Dan Coody, Mayor EXHIBIT "A" ANX 04-02.00 THE NORTHWEST QUARTER (NW '/<) OF THE NORTHEAST QUARTER (NE '/4) AND THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST QUARTER (NE '/<) OF SECTION THIRTEEN (13), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 28, 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: June 23, 2004 ANX 04-02.00: Annexation (McBryde/Sloan, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 460' and Persimmon. The property is in the Planning Area and contains approximately 80.0 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: Required YES O Approved O Denied Date: June 28, 2004 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: July 20, 2004 (1" reading if recommended) BACKGROUND: This item was tabled by the Planning Commission at the request'of the applicant at the regular Planning Commission meeting on April 26, 2004. Public comments were heard at this meeting regarding this annexation and accompanying rezoning request. Please reference ANX 04-04.00 Tipton/Sloan for the minutes of this meeting. Property description: The subject property contains approximately 80.0 acres of vacant property located south of Persimmon Street, west of the future Broyles Avenue, and west of Rupple Rd. The approved preliminary plats for Persimmon Place and Cross Keys R-PZD and Rupple Row are located northwest of the subject property. The property is adjacent to city limits to the north and west should the City Council approve the preceding annexation (ANX 04-01.00). K:IReporu12004NC Reporu106-28-04WNX04-02.00 (Wryde-Sloan).doc Proposal: The applicant proposes the annexation of property into the City of Fayetteville. Request: The request is to annex the subject property into the City of Fayetteville. 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 80.0 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request, RZN 04-09.00, is an accompanying item to this annexation request. Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City. When property that is consistent with the General Plan 2020 and the City's guiding policy of annexation is incorporated into the city and developed, a uniform and consistent standard of development includes the following: • Compatibility in land use and development standards Ability to plan future capital improvements Ability to require the same level of infrastructure improvements required for new development within these areas as required within the City Less confusion for public safety — police and fire — who responds Police Protection Fire Protection Trash Service • Sewer service • Water service • Street standards (curb and gutter) and construction specifications • Sidewalks, based on the Master Street Plan Street lights • Grading and Drainage review • Detention • Zoning Regulations (setbacks, bulk and area requirements, land use) • Code enforcement • Tree Preservation • Parks land dedication Without appropriate annexation, developers of property in the Planning Area are offered water service from the City of Fayetteville, but have none of the other regulatory responsibilities for development. Many of the public services offered to citizens of Fayetteville in adjacent properties are not offered to those beyond the city limits. In some cases, new subdivisions adjacent to one. another have very different street construction, creating problems with transition and the establishment of an efficient network of infrastructure. Property that develops directly adjacent to the city limits is required to develop within City specifications for street construction. However, other requirements such as parks, detention, grading and drainage, zoning/land use and tree preservation are not within the City's ability to control. KAReporU12004PC ReportO06-28-04W NX 04-02.00 I&Bryde-Sloan.dm Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City of Fayetteville and will create an appropriate city boundary. 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 Vacant (R-PZD 04-06.00 Rupple Row proposed) RSF-4, RT-12, Residential Residential Single Family, 4 units/acre; Two and Three Family South Vacant Planning Area East Vacant Planning Area West Vacant RSF-4, Residential Single Family, 4 units/acre Proposed with annexation and rezoning request INFRASTRUCTURE: Streets: The property has frontage along unconstructed portions of Persimmon and Rupple Road. These roadways will need to be constructed as a part of any development on this site. Surrounding Master Street Plan Streets: North: Persimmon St. (future collector) South: Sellers Rd. (future minor arterial) East: Rupple Rd. (future minor arterial) West: Broyles Rd. (collector) Water: The property does not currently have access to public water mains. An 8" minimum water main will need to be extended from Rupple Road to serve this site. Sewer: The site currently has access to an 8" sewer main along the north property line and also through the middle of the site. Sewer will need to be extended within the development. This property's sewer will flow to the Owl Creek Lift Station (see attached chart for capacity information). Fire: The subject property is located 0.4 miles from the future Fire Station #7. Normal driving time is 0 min. 41 seconds. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services. LAND USE PLAN: General Plan 2020 designates this site as Residential. klReporut2004PC ReporuI05-14-04UNX 04-01.00 McBryde-Sloan.doc E 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 to the City Limits to the north and west property boundaries should the preceding annexation for Greenwood/Sloan be approved. 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 surrounding subdivisions to the north and west. 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 less than 1 minutes for fire protection from the future Fire Station #7. Any development in this area would necessitate installation of hydrants to provide for fire protection. The site currently has access to an 8" sewer main along the north property line and also through the middle of the site. Sewer shall be extended at the time of 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: There are several tributaries crossing the subject property. K. IReporu12004U'C Reporul06-28-04WNX 04-02.00 (AkBryde-Sloan).doc 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 installed located north and through the property during the development of new subdivision(s). The property does not currently have access to public water mains. An 8" minimum water main shall be extended from Rupple Road to serve this site. 1 1.6.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 response and service as other developments in this area. Sewer and water improvements to the area will be provided for with the development of approved preliminary plats. 1 1.6.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. Finding: The proposed annexation is not part of a phased annexation initiated by the City. K:IRepora120041PC Reportv105-14-04W NX 04-02.00 McBryde-S(oan.doc 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. 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 surrounding developed property and 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: Conceptual development proposals for this property have not been submitted to the Planning Division. At the time the owner desires to develop this property, the applicant will be required to submit a proposal for review and approval by the Planning Commission. 1 1.6.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. 1 1.6.w Encourage larger annexations to create acceptable boundaries. Finding: This annexation includes approximately 80.0 acres which will create an acceptable city boundary. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: A riscal impact assessment has not been conducted for this property. K.-WeporuW04TC ReporuI05-24-04L NX 04-02. 00 McBryde-S(oan.doc From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries 1 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 1 1.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h 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 terns 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 1.6.p An annexation study should be completed on all annexation proposals. 1 1.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 1 1.6.w Encourage larger annexations to create acceptable boundaries. 1 1.6.t Conduct a fiscal impact assessments on large annexations. K., Repora110041PC Reports105-14-04WNX 04-02.00 McRryde-Sloan.doc I FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer DATE: April 20, 2004 PC Meeting of May 24, 2004 113 W. Mountain St Fayetteville, AR 72701 Telephone: 501-575-8202 ANX 04-02.00: Annexation (McBryde/Sloan, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46'h and Persimmon. The property is in the Planning Area and contains approximately 80.0 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan RZN 04-09.00: Rezoning (McBryde/Sloan, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46'h and Persimmon. The property is currently zoned R-A, Residential Agricultural, and contains approximately 80.0 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 does not currently have access to public water mains. An 8" minimum water main will need to be extended from Rupple Road to serve this site. The site currently has access to an 8" sewer main along the north property line and also through the middle of the site. Sewer will need to be extended within the development. This property's sewer will flow to the Owl Creek Lift Station. The property has frontage along unconstructed portions of Persimmon and Rupple Road. These roadways will need to be constructed as a part of any development on this site. Name Matt Casey Department En ineerin I n u F W On rn rA Zn W d_N E �U7 ONO u p U [l7yy Uz z F IH a� W am W W 03 rA w � o� b C N 7 N ,.. U C E CL O O O CL O" v a vi vi V i 0 u •O � r � h `1 1 fYn u a o O O •� [ N O 3 v v, O O O .tl •st a�i ., x a3i s Moo d v O y H N vi oo i k i L 7 O > 7 w O �o 9T p Q p h N) az��� 0 � V W N .�. N �} 5 N M O N w MI NT O ��tigQ U r O O > 5 •" O vi O N O ,Q a r4 �NI� ��� NC M M w C1 w. Q iG N N fi y O zbo zU 0 0 o Q tt r O O W . N .0 cl V' V O. 4; ? O Q M OM �O d . O •I s 0 0 z c�v e Q 13 5 Nd Ell y V a U x O �l NI MI vl hl O C7 . 2 N Projected Wastewater Capacity With Maximum Allowable Development of Recently Approved and Proposed Annexations and Rezonings . Maximum Development Additional Units Lift Station Shlegel*** 290 Crystal Springs Dunnerstock** 68 Hamestring Creek Cross Keys** 108 Owl Creek Chance and Tuggle*** 6 Owl Creek Tipton/Sloan 117 Owl Creek Greenwood/Sloan 640 JOwl Creek McBryde/Sloan 320 Owl Creek Current Remaining Approved Proposed Projected Remaining Lift Station Capacity units Additional Units Additional Units Capacity Crystal Springs 670 0 290 380 Hamestring* 2,906 68 0 1,357 Owl Creek L552 108 103 361 *Total remaing flow and units include all areas tributary to Hamestring Lt Station. Flow for Hamestring Li Station includes flow from Crystal Springs, Hamestring, and Owl Creek Lift Stations "Approved by City Council. * * *Pending City Council action. FAYEt &VILLE @ECEIVED APR 2 0 2004 PLANNING DIV. THE CITY OF FAYETrEVILLE, ARKANSAS April 19, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, POUCE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-02.00 (McBryde/Sloan, pp 477) and Rezoning RZN 04-09.00 (McBryde/Sloan, pp 477) submitted by Raymond Smith, Attorney, on behalf ofC.Bryan McBryde for property located SE of the intersection of 461h and Persimmon 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 or create and appreciable increase in traffic danger and congestion in the area. ;Sincerely, ieutenant Wi iam Brown Fayetteville Police Department (ETTEVILLE POUCE DEPARTMENT 1. BOX 1988 (ETTEVILLE, ARKANSAS 72702-1988 (DELIVERIES) POUCE: 100-A WEST ROCK STREET 72701 JAIL 140-A WEST ROCK STREET 72701 PHONE: 501-5873555 FAX: 501-587-3522 Apr 21 04 10:31a Df"'^ rrar (50" 4 4-3447 p.6 FAYETTEVILLE FIRE MARS11AUS OFFICE From: Fine Prevention Bureau To: Planning Division Date 4 20/04 REZONING xx ANNEXATION XX REZONING # 04-09.00 OWNER McBryde/slow ANNEXATON# 04-02.00 OWNER_)7ceryde/Sloan LOCATION OF PROPERTY SE•of intersection of 46th & Persimmon NEAREST FIRE STATION AND LOCATION Station #79 Ruple Rd (future) RESPONSE TIME FROM FIRE STATION # 7 Y O LOCATION OF PROPERTY MINUTES 41 SECONDS. TRAVEL MILES FROM FIRE STATION AL 7 TO LOCATION OF PROPERTY ,4 COMMENTS ON FIRE DEPT. ACCESS/ROAD WAYS EXISTING FIRE HYDRANTS? IF SO LOCATION WATER SUPPLY Wii H HYDRANTS NEEDED?_. Yes ADDITIONAL COMMENTS.. Routing* south on Ruple to end of road. MAIN OFFICE 115 SOUTH CHURCH ST.. SU T ry (501) 4443AL 448 / (561) 444-3449 ' " N-W MALL FAX (501) 575-P272 5 5 271 FAX 501) 575_8 2 IN THE COUNTY COURT OF WASTfiP4') M, U Y, ARKANSAS IN THE MATTER OF i SSE NO. CC 2003- O ANNEXATION OF CERTAIN THE CITY OF FAYLANDS ETTEVILLE, ARKANSA:9S& p; �G"A7c" i LtR PETITION FOR ANNEXATION COMES now, C. Bryan McBryde of McBryde Family Limited Partnership, Petitioner, and for his Petition for Annexation, states and alleges as follows: 1. Petitioner is record title holder of the following described real property situated in Washington County, Arkansas: The Northwest Quarter (N W VA) of the Northeast Quarter (NE'VA) and the Southwest Quarter (S W I/4) of the Northeast Quarter (NE I /4) of Section Thirteen (13) in Township Sixteen (16) North of Range Thirty -One (31) West. 2. All of the above -described real property is adjacent to and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. The above -described real property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. 4. Pursuant to Arkansas Code Annotated § 14AO-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioner requests that the above -described real property be annexed in and to the City of Fayetteville, Arkansas. 5. Petitioner further states that the law firm of Raymond C. Smith, P.A. of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters connected with this Petition and subsequent hearings or annexation proceedings connected herewith (See Exhibit "A" attached hereto). Old 1667i161£9'ON/£Z:ll'1S/9l ll 600Z OZ ddtl(30i) N831O OOVA w0di 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty days alien filing of this Petition and subsequent hearings or annexation proceedings therewith. WHEREFORE, Petitioner prays 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 Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition, and for all other relief which the Petitioners may be entitled. C. Bryan McBryde McBryde Family Limited PartnersItip Petitioner ay and C. s Attorney at La 70 N. College Ave. Suite 11 Fayetteville, AR 72701 Ark. Bar No. 80135 Attorney for Petitioners 11 d IVOZZV1£9'0N/£Z:11'1S/9Z:11 t00Z H ddV(301) N8310 00VM WOdd I, Bryan McBryde of McBryde Family Limited Partnership authorize the law firm of Raymond C. Smith, P.A., to act for and on behalf of the aforesaid Limited Partnership, in all matters relating to Rezoning, Planned Zoning District, Annexation, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville and County of Washington, for the following described real property situated in. Washington County, Arkansas, to -wit: The Northwest Quarter (N W'/s) of the Northeast Quarter (N E'/,) and the Southwest Quarter (SW'/,) of the Northeast Quarter (NE'/4) of Section Thirteen (13); Township Sixteen (16) North, Range Thirty -One (31) West. Date: December 2003 Bryan cB de McBryde Family Limited Partnership Zl d lV6GLZtil£9 ON/£Z ll'1S/ZZ ll tOOZ OZ M (301) H31O OOVM WOa3 .. Mn , i-19 P-],-M d9.'lI 1Ca[5 � _ 5M1/�� iR;m K, W 4 K' Sr r-,e-n ,i "31-« M.M* . - tpMgnYta(W 4aH li1Yl %KPdKAARirtMY.M �, 011a�vvtla� Q��na��vnMlWt 1tnWiw�usts�m Kly1M IYOOIt M aY¢ run mmalkVIM NOMA n..+w o sr 11I)m PI. meua n. mwnn a mo .Kac rtana -t-taaoc eacu giant 4KS LIK .a.YMIIMt RV Y[Ip tic Cl d 1666iZ61£9'ON/EZ:II'1S/1Z:1f 600Z OZ MOW A8310 OOVM WOH :i ZMAI 11:Fm 01 Koh Planning Commission • • June 28, 2004 Page 66 ANX 04-02.00: Annexation (McBRYDE/SLOAN, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46th and Persimmon. The property is in the Planning Area and contains approximately 80.0 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-09.00: Rezoning (MCBRYDE/SLOAN, pp 477) was submitted by Raymond Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the intersection of 46th and Persimmon. The property is currently zoned R-A, Residential Agricultural, and contains approximately 80.0 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 04-02.00 for McBryde/Sloan. Can we have the staff report please? Morgan: This subject property contains approximately 80 acres of vacant property located south of Persimmon Street. It is located just east of the 160 acres we just discussed. The approved Preliminary Plats for Persimmon Place and Cross Keys R-PZD as well as Rupple Row are located to the northwest of the subject property. The property is adjacent to the city limits to the north and west should the City Council approve the preceding annexation. The applicant proposes annexation of this property into the City of Fayetteville. Staff recommends approval of the proposed annexation. Again, as with the previous item, the applicant is requesting RSF-4 zoning and again, a Bill of Assurance did mention this property limiting the density to 1.5 units per acre. The General Plan 2020 identifies this area as residential and staff is recommending approval of the rezoning. Ostner: Thank you. Is the applicant present? Sloan: I'm Charlie Sloan representing the McBrydes. This is Ray Smith. Smith: This is a request to annex approximately 80 acres there that is located at the intersection of40h Street and Persimmon. I believe it is shown on the drawing that Mr. Sloan provided to you in our discussion of the Greenwood property. Ostner: Thank you. At this point 1 am going to open it up to the public. Is there anyone who would like to comment on this issue? McGuire -Bowman: I'm back, I'm Dr. Kathy McGuire Bowman. I don't mean to be hostile to Mr. Sloan but I like to have things out on the table and know what is going on. I think that we make the best decisions if we know what is going on. I am confused. I think that the 20 acre plot or the relocated Planning Commission • • June 28, 2004 Page 67 Jefferson School is in this 80 acres but 1 don't know because it is not being talked about. I don't think we can make a decision without knowing that if in the future that's coming up. 1 think you should know that as you are making your consideration. Maybe it's important in terms of the rezoning than the annexation but you would certainly want to know if there is going to be a large scale development with a 1,100 student school. If this is going to get passed as RSF-4 and then in two weeks they are going to come back and say what we really needed was a Large Scale Development here. I am just confused and I would like to ask the developer does this 80 acre plot contain the 20 acres that Mr. Sloan has actively negotiated with Bobby New of the school district to purchase the Jefferson relocated 1,100 student school? If so, why isn't he including that in the request with the zoning this Large Scale Development request? Maybe this will come up maybe more at rezoning. Of the commission I would wonder can you deny this request for annexation and rezoning, especially the rezoning if you and 1 know that this Large Scale Development is included in it and it has not been brought up. It is not like it is going to be a new idea. It seems to be happening. I guess that is my concern that it is a totally different thing to be dealing with a Large Scale Development that is a school with the traffic congestion and density impact that that is going to have. If that is what is happening that is what we as planners all of us together, need to know is happening. I have a question for the developer. Is the Jefferson School 20 acres in this plot of 80 acres? Ostner: We will get to that answer momentarily. Let's go ahead and hear from the public. Ralston: I'm Linda Ralston. I will be very brief. I would concur with what Dr. Bowman just mentioned. I have been to a lot of meetings of the school district and we have been made aware of the 20 acres in the northeast comer of this property is what is being proposed. We know that the school district is awaiting annexation and rezoning on this particular plat. Thank you. Ostner: Is there any further comment on this annexation proposal? Gray: My name is Michael Gray. I'm the associate superintendent for Fayetteville schools. Dr. Bobby New sends his apologies that he cannot be here. He is out of state at an educational training conference. He sent me instead. We wanted to talk just a little bit because we have been in discussions with the owner and developer of this property for a site for the new school. We get from the Planning Department each time a development comes to you in every stage there is also a plat made with my name on it and it comes to the school. We have been getting that almost two years. It has been a very valuable tool. We do have a person on our staff that primary job is growth projections and trying to guide us into Planning Commission • • June 28, 2004 Page 68 knowing when we need schools and where. We have to try to determine where those populations are and where they are coming for selection of the school site or school additions. We feel even with this area, if this area were not zoned for Residential and the growth, the growth that is on the north side of Persimmon that is clearly in Fayetteville city limits all the way north of Holcomb Elementary School there are over 2,500 rooftops in plat right now in the existing Holcomb Elementary zone. We are scrambling to try to keep up with the growth that is already there. I need to explain to you that our school district boundaries are larger than the city's. We go from the east all the way to the Madison County line. That is 10 or 11 miles on the other side of Goshen and then into Farmington city limits. As a matter of fact, where the old Farmers & Merchant's bank there on Hwy. 62, right now it is a realty company, that is the boundary. We have to by our law serve those students. For the most part we are talking about serving students that are in the city limits of Fayetteville. Of course we can't build a school without sewer and we can't get sewer without being in the city. We are a little bit bound. We would encourage you to consider annexation for this property so that we can take advantage of Rupple Road extended south from Wedington. There is a new light there and it has got good access. There is a state of the art Boys and Girls Club that is second to none in the nation. For us to be able to partner with the city and the Boys and Girls Club and to give the parents of those students that benefit that is really what we need. We would encourage you to support this and lend us support that way. Thank you. Ostner: Thank you Mr. Gray. Is there any other public comment? Seeing none, l am going to close it to the public and bring it back to the Commission. I believe our largest question by the public has been answered. Yes this is the parcel that the school district is looking for. Vaught: I would just like to say that the annexation and rezoning are something separate from giving the school district to build on this land. That will have to come as a separate proposal. I'm assuming they are bound like the city that have to bring Large Scale Developments for this type of project? Warrick: If the property is in the city it must comply with zoning and development regulations. Vaught: We will see this again if that is what happens. That is part of our consideration. I think we are looking at should this be part of the city and what should it be zoned. That is the simple question before us right now. Ostner: That is a good point. I believe if memory serves me well that schools are not allowed by right in an RSF-4 but they are a Conditional Use. Planning Commission • • June 28, 2004 Page 69 Warrick: Schools are a Conditional Use in most zoning districts and all residential zoning districts because of the impacts that were mentioned by one of the speakers earlier. You are talking about a traffic generator. You are talking about safety and traffic issues and just whether or not it is compatible in that particular location. Under an R-A district or under an RSF-4 district a school would be required to have a Conditional Use approval. If it was part of a PZD it would be looked at at that time when land use was determined for the tract. Ostner: I just wanted to make it clear that that is another layer of scrutiny that rezoning this parcel tonight does not allow a school. I want to make that clear. It simply annexes and rezones to a single family residential. MOTION: Shackelford: Based on all of the comments that have been made here tonight and in an effort to move this on to the rezoning request I am going to make a motion that we recommend approval of ANX 04-02.00 based on staff findings. Vaught: Second. Ostner: Is there further discussion? Anthes: I just want to state for the record that this piece of property has a tremendous amount of floodplain and floodway on it. I would consider this a highly environmentally sensitive area and I want the city engineers and staff to be able to look at grading and drainage in a very serious way on this piece of property. Therefore, I am going to support annexation. Ostner: Thank you. Is there further discussion? Will you call the roll Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 04-02.00 was approved by a vote of 9-0-0. Thomas: The motion tames by a vote of nine to zero. Planning Commission • • June 28, 2004 Page 70 Ostner. The tandem item is RZN 04-09.00 for McBryde/Sloan. Our staff report has already been given. Smith: On behalf of the owner and developer we would request that this be tabled, similar to what we did on the Greenwood/Jowers property. Ostner: Thank you. Commissioners? MOTION: Anthes: Because of the degree of water running through this property, because of it's proximity to other services and again, a belief that a blanket zoning on this 80 acres is probably inappropriate, at the request of the applicant I move to table RZN 04-09.00. Clark: Second. Vaught: Once again I would like to point out by tabling you are giving it a blanket zone. Ostner: Is there further discussion? Renee? Roll Call: Upon the completion of roll call the motion to table RZN 04-09.00 was approved by a vote of 6-3-0 with Commissioners Graves, Vaught and Shackelford voting no. Thomas: The motion carries by a vote of six to three. STAFF REA FORM - NON -FINANCIAL OBLATION AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: 01111L1 CP&E Department ANX 04-02.00: (McBryde/Sloan, pp 477) was submitted by Raymond Smith, Attorney, on behalf of Bryan McBryde for property located southeast of the intersection of 46th Avenue and Persimmon Street containing approximately 80.00 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMMENDATION Department Director A46uzzz�tb Finance & Internal Services Dir. Approval. Received in Mayor's Office 'l- `) -G D to Date Ll () Date Cross Reference: Date e! Previous Ord/Res#: Date Orig. Contract Date: Orig. 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I V o / cg yOe2Oyw�_D a FA�Ioo1sO0•)ovw?oaM��\— m uew $o --N, --opo_ —+N.——oo soo°/sN/.'�o9'_pIr Il ILpq1— /NW —•° pp --+--p • rop tl1-$_ saMi eemI"s! -•o9�� I ` a�� O X73.JD' 7J3D'J 742/N- jII X 120�- F5,-7999SD' 9I79.�b5xjF- o n 1$- / r N va' 1 ••94 25 B� — —'E�i _I L— a-5' — — 9 b ' 9 IZ0.00' a C I• q 1 $ N X I 5'09TI IT m l = V a 95.00• 4 IXJOG O 25'B r7PACK D .E. < 1p < pl N a N 9 I ? 16 d N O_g --—-5�'rlmW —�0' — .•Cli1_oIaI2 f.+'CvlIII ./2=i 16.23' 0'— 9.—'-9.�0' L�0— 7277 79.507 ' I /INSI S00'11 1289:78'\ \ \ N\ 1 � C_ r O 2 O u o R �g o� - e 7C x y m � A c� O g P P y � q P 6 w p w p w p .. p A i a n n n w _w IN w w w N i JORGENSEN & ASSOCIATES �� �OW vim CIVIL ENGINEERS SURVEYORS LEGACY POINTE PHASE 4 ] i .m.�..,_. �.,.., • „m .��� PRELIMINARY PLAT I u d 1 `�O IN THE COUNTY COURT OF WASHNGTON COP TY, ARKANSAS t IN THE MATTER OF •03 DEC 29 PO 1 40 ANNEXATION OF CERTAIN LANDS TO THE j' CITY OF FAYETTEVILLE, ARKANSAS C` ''' CAiE,I�IO• 2003- c PRO ATE CLERK ORDER SETTING HEALING, , , a On this edgy of December, 2003, is presented to this Court a Petition for Annexation filed in the County Court of Washington County, Arkansas on December a7 20039 by the Petitioner, C. Bryan McBryde of the McBryde Family Limited Partnership. 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 County Court of Washington County, Arkansas, on the d` ay of 2004, 9w—a -C o'clock a.m.lp-nt. and the Clerk of this Court is hereby directed to issue a notice of said hearing as set forth herein which shall be published in the manner and for the full length of time as required by law. *!ssmj&�UNTYDGE 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 2003,5 ' m o = sr- rn ORDER OF ANNEXATION c' m h o � T On this � day of February, 2004, this cause comes on to be heard, theeMibAer, m co m Z C. Bryan McBryde of McBryde Family Limited Partnership, represented b�ohg o~ Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready Vora` ing v of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed December 29, 2003, at which time the Court fixed February 5, 2004 at 10:00 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication 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. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: The Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4) and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section Thirteen (13), Township Sixteen (16) North, Range Thirty -One (31) West. 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 particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. COUNTY JUDGE V �D' -ql9 Charlie Daniels Secretary of State September 16, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave. Fayetteville, AR. 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State Business & Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3532 Communications & Education 683-0057 Stale Capitol Police 682-5173 Business Office 682.8032 Information Technology 682.5411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 09/ 16/2004 Annexation: Incorporation: Census Information 1 st 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 4597 CC-2003-30 X 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, Leanna Godley U Election Services Representative RECEIVED SEP 2 0 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 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 Barristers Place, Suite 11 70 North College Avenue Fayetteville, Arkansas 72701-6101 0 • RAYMOND C. SMITH, P.A. ATTORNEY AT LAW September 17, 2004 City Clerk City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: In The Matter of Annexation of Certain Lands To The City of Fayetteville, Arkansas` Washington County Court Cases No. CC 2003-027, CC 2003-029, and CC 2003-030 Dear Madame Clerk: Telephone (479) 521-7011 FAX (479) 443-4333 Toll Free 1-800-282-0168 Email rsmith70ll@sbcglobal.net Enclosed are file mark copies of the Order Confirming Annexation entered on September 14, 2004, in the above referenced cases relating to lands owned by Tipton, McBryde and Hoyet Greenwood Trust respectively. Sincerely, ymond C. 'th Encls. RECEIVED SEP 21 204 CITY OF FAYETrEVILLE CITY CLERKS OFFICE FILED IN THE COUNTY COURT OF WASHINGTON (AMY,111)jtKMW 23 IN THE MATTER OF KAREN COMDS PRIT CHARD ANNEXATION OF CERTAIN LANDS TO THE CO. & PROE;ATE CLERK CITY OF FAYETTEVILLE, ARKANSAS CASRWaHT ODA-A. ARK. ��O//RDER CONFIRMING ANNEXATION NOW on thisdil of September, 2004, comes on for hearing and consideration the Petition for Confirmation of Annexation filed by the Petitioner, C. Bryan McBryde of McBryde Family Limited Partnership, by its attorney, Raymond C. Smith, and there being no objections or protests filed herein, and from the oral and documentary evidence adduced, the Court, being well and sufficiently advised finds: 1. That an Order of Annexation was filed February 5, 2004, in the above styled and numbered case by which certain real estate owned by the Petitioner and situated in Washington County, Arkansas, was annexed to and made a part of Fayetteville, Washington County, Arkansas. Said real estate is further described at Exhibit "A" attached hereto. 2. No objections have been filed by any interested person with the authorities of the City of Fayetteville, or to the Petitioner, and no exceptions to the Order of Annexation been filed with the County Clerk of Washington County, Arkansas. 3. The City of Fayetteville, Arkansas has by ordinance confirmed the annexation of the real property described at Exhibit "A" to the City of Fayetteville pursuant to Ordinance No.4597, "An Ordinance Confirming the Annexation to the City of Fayetteville, Arkansas, of Certain Property Owned by C. Bryan McBryde Located Southwest of the Boys and Girls Club Adjoining the Extensions of Rupple Road and Persimmon Street Containing Approximately 80.00 Acres", approved and passed by the MCBRYDE FAMILY LIMITED PARTNERSHIP ORDER CONFIRMING ANNEXATION PAGE J OF 4 I City Council on the 3rd day of August, 20045 and recorded on 9`h day of September, 2004, at 2004-00037307 in the real estate records of the Circuit Clerk of Washington County, Arkansas, and filed for record on 9 h day of September, 2004, at 2:45 o'clock P.M.., in the records of the County Clerk for Washington County, Arkansas, a copy of said filed for record ordinance attached hereto as Exhibit "B." IT IS THEREFORE, THE JUDGMENT AND ORDER OF THIS COURT that the Order of Annexation entered on the 5`h day of February, 2004, that annexed the herein described territory to the City of Fayetteville, Arkansas, is hereby approved and confirmed in all aspects. RRy TON, County Judge MCBRYDE FAMILY LIMITED PARTNERSHIP ORDER CONFIRMING ANNEXATION PAGE .2 OF 4 L EXHIBIT "A" LEGAL DESCRIPTION The Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4) and the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section Thirteen (13), Township Sixteen (16) North, Range Thirty -One (31) West. MCBRYDE FAMILY LIMITED PARTNERSHIP ORDER CONFIRMING ANNEXATION PAGE .3 OF 4 I/ ORDINANCE NO.4597 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY C. BRYAN MCBRYDE LOCATED SOUTHWEST OF THE FAYETTEVILLE BOYS AND GIRDS c > 0 CLUB ADJOINING THE EXTENSIONS OF RUPPLE ROAD �- ! m AND PERSIMMON STREET CONTAINING j v APPROXIMATELY 80.00 ACRES _ _. co BE IT ORDAINED BY THE CITY COUNCIL OF THE=; 6TY=0I9 FAYETTEVILLE, ARKANSAS* 3 N Section 1: That the City Council hereby confirms the annexation toYie C of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and=ii}ade 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 3rd day of August, 2004. nKITR �rl^j" G�F.� � qs PA .ham• ,•GAS Y O,c •GAF? :FAYETTEVILLE: c ;FAYETT 3 ys.9RKANSPaJ: /JYGTON ATTEST: ,nunou" By: ONDRA SMIT ity Clerk APPROVED: IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111111111IIIIII Doc ID: 007653830002 Tvoe: REL Recorded: 09/09/2004 at 02:27:34 PM Fee Amt: $11.00 Paoe 1 of 2 Nashlnoton Countv. AR Bette Stamos Circuit Clerk File2004-00037307 e(2 2e;)0 -30 i Ci*y Cle• s Ofc 501-718 95 P•3 EXHIBIT "A" ANX 04-02.00 THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE'/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE '/4) OF SECTION THIRTEEN (13), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST. FAYETTE)ALLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: August 9, 2004 Re: Ordinance No. 4597 Attached is a copy of the above ordinance passed by the City Council, August 3, 2004, confirming ANX 04-2.00, which annexes property located southwest of the Fayetteville Boys ,& Girls Club and future extensions of Rupple Road and Persimmon Street, containing approximately 80.00 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 0• A 1111 • AUG .I G 2004 L;ITY Or rr,If a FTEVILLE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I, h 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, that advertisement of: ad, rc 0 was inserted in the regular editions on -1 -0 PO# N- M 0 ** Publication Charge: $ �— Subscribed and sworn to before me this day of Au� , 2004. Notary Public ORDINANCE NO. 4697 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE ER CITY OF FAYEVIIIE. ARMNSAS, OF CERTAIN PROPERTY e �/� (�/'7 ^I OWNED BY C. SWAN MCBRYDE LOCATED .SOUT WEST OF My Commission Expires: oCi OWE THE FAYETTEVILLE BOYS AND GIRLS CLUB ADJOINING THE E HNSIONS OF RUPPLE ROAD AND PERSIMMON STREET CONTAINING APPROAMATELY 80.OD ACRES ** Please do not pay from Affidavit. An invoice will be sent. T LMOfficial Seal SEAN-MICHAEL ARGO Notary Public• Arkansas WASHINGT0 COUNTY y Commission Expires 07-25.2013 BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETT MLLE, ARKAKU Section 1. That the Gry Ccuncll hereby CorMnns the anneraeon to the Gty of Fayetteville. AAensae, that property described in Ehibit W attached hereto and made a pert hereof. Section 2. The official mep of the Oty of Fayetteville, Arkansas, G hereby emended to reflect the chan provided In Section 1 above. rr. EXHIBIT 'A' AN%04-02.00 212 NORTH EAST AVENUE • P.O. BOX 1607 0 QUARTER (NW 1/4) OF THE NORTHEAST QUARTER ( NE 1/4) AND THE SOUTH- M 1/4) OF THE NORTHEAST QUARTER (NE 114) OF SECTION THIRTEEN (13), N (16) NORTH, RANGE THIRTY-ONE (31) WEST. a„