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HomeMy WebLinkAboutOrdinance 4598ORDINANCE NO, 4598 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN s PROPERTY OWNED BY PAUL AND SUELLEN MARINONIo LOCATED SOUTH OF THE FAYETTEVILLE BOYS AND GIRLS CLUB ADJOINING THE EXTENSIONS OF RUPPLE ti o ROAD AND PERSIMMON STREET CONTAINING ^ o k APPROXIMATELY 78.84 ACRES -cs rn N l BE IT ORDAINED BY THE CITY COUNCIL OF THE CflY ; OFf' 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 3rd day of August, 2004. a; •G\TY 00 .G� .� FAYETTEVILLE; ATTEST: By: SONDRA SMITH, City Clerk APPROVED: m IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007653840002 TVae: REL Recorded: 09/09/2004 at 02:27:49 PM Fee Amt: $11.00 Paae 1 of 2 Washlnaton Countv. AR Bette Stamps Circuit Clerk File2004-00037308 v , QC 200 Ll -Z tMZ EXHIBIT "A" ANX 04-1083 THE FRACTIONAL EAST HALF (FRL. E'/2) OF THE FRACTIONAL NORTHEAST QUARTER (FRL. NE'/4) OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID FRACTIONAL EAST HALF (FRL. E %z) OF THE FRACTIONAL NORTHEAST QUARTER (FRL. NE '/4) AND RUNNING THENCE N89 DEGREES 20' W ALONG AN EXISTING FENCE 1303.67 FEET, THENCE S00 DEGREES 011 W 2635.27 FEET, THENCE S89 DEGREES 37' E 1304.31 FEET, THENCE NORTH ALONG AN EXISTING FENCE 2632.02 FEET TO THE POINT OF BEGINNING, CONTAINING 78.84 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 09/09/2004 02:27:49 PM and recorded in Real Estate File Number 2004-00037308 Bette Stamps - Circui Clerk by PO RECEIVED SEP 13 M4 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAE80F FAYETTEVILLE CITY CLERK'S OFFICE FILED IN THE MATTER OF: * 0`i FEB 10 PN 4 04 CASE NO. C of 00 4� - a KAREN COk1BS PRITCHARD CO. & PROBATE CLERK ANNEXATION OF CERTAIN L%NM t($ MS 0. ARK. CITY OF FAYETTEVILLE, ARKANSAS PETITION FOR ANNEXATION Comes now, PAUL A. MARINONI, JR. AND SUELLEN M. MARINONI, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1. Petitioners, PAUL A. MARINONI, JR. AND SUELLEN M. MARINONI, husband and wife, are the record owners of the following described property situated in Washington County, Arkansas, to wit: The Fractional East Half (Frl. E %2) of the Fractional Northeast Quarter (Frl. NE '/4) of Section 13, Township 16 North, Range 31 West, and being more particularly described as follows, to -wit: Beginning at an iron pin at the Northeast corner of said Fractional East Half (Frl. E %2) of the Fractional Northeast Quarter (Frl. NE '/<) and running thence N 89 degrees 20' W along an existing fence 1303.67 feet, thence S 00 degrees 01' W 2635.27 feet, thence S 89 degrees 37' E 1304.31 feet, thence North along an existing fence 2632.02 feet to the point of beginning, containing 78.84 acres, more or less. 2. All of the above described property is adjacent to and contiguous to the present city Boundary line for the City of Fayetteville, Washington County, Arkansas. A copy of the map of the property to be annexed is marked "Exhibit A" and `Exhibit B" and are attached to this Petition for Annexation. 1 3. 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. 4. Pursuant to the A.C.A.§ 14-40-601 et seq, this Court hasjurisdiction over the subject matter herein, and Petitioners request that the above -described be annexed to the City of Fayetteville, Arkansas. 5. Petitioners further state that the Bob Estes, Attorney at Law, One East Center Street, Suite 200, Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters connected with this Petition for Annexation and subsequent hearings or annexation proceedings regarding this Petition for Annexation. 6. Petitioners request that this Court set a date for hearing on this Petition, not less than thirty days after the filing of this Petition and subsequent hearings or annexation proceedings therewith. 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 Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition; and for all other proper and just relief to which the Petitioners may be entitled. 2 PAUL A. MARINONI, JR. and SUELLEN M. MARINONI, husband and wife, Petitioners BY Bob ste Bar #7503 Their Attorney Suite 200, One East Center Fayetteville, AR 72701-5302 (479)521-4900 Fax (479) 587-0700 email bobestes@arkansas.net VERIFICATION COUNTY OF WASHINGTON ) )SS. STATE OF ARKANSAS ) We, PAUL A. MARINONI, JR. and SUELEN M. MARINONI, husband and wife, Petitioners herein, upon our oath, state that we have read the foregoing Petition for Annexation, that the facts set out therein are true and correct to the best of my knowledge and belief. Paul A. Marinoni, Jr. Suellen M. Mannom STATE OF ARKANSAS ) ) SS. COUNTY OF WASHINGTON ) On this the g& day of January, 2004, before me, the undersigned officer, personally appeared PAUL A. MARINONI, JR and SUELLEN M. MARINONI who acknowledged themselves to be the persons who executed the foregoing instrument for the purposes therein contained. I hereunto set my hand and official seal. 010 EE. BERRYNOTA^, v 15 ARKANSAS WASHWC_,.' :IOUNTY MY COMM. EXPIRES 2-22-2006 Notary Public My Commission expires: —�'2 4 FAYETTEVILLE an Niarcln FAYETTEVILLE FAYETTEVILLS PLANNING AREA mr NNo1art rn Noon r � �..�,. My Lb tb IFARMINGTONIp�j �1 L ow n.a FAYETTEVILLE PLANNING AREA l C cRow FAYETTEVILLE 0 \\ VICINITY MAP for MARINONI PROPERTY CITY OF FAYETTEVILLE PLANNING AREA ENGINEERING SERVICES, INC. # $ WASHINGTON COUNTY, ARKANSAS CORSULTING aaNEERS AND SURVEYORS 1207 SOUTH OLD MISSOURI RD. SPRINGDALE, ARKANSAS 72765 e CMM T }Cp, CNIbEETNO Y (X¢ W. 01-2}N. MO AN \\v W\d\ LcV.mnweWanmlo mow,ij.a EKBIBfT A iil IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: CASE NO.CC 2004-2 ANNEXATION OF CERTAIN LANDS TO THE n o CITY OF FAYETTEVILLE, ARKANSAS ri c C CCU cn — � W r ORDER OF ANNEXATION >b �' ZD o Crn +L rC-- i co Now on this �,S day of Mazch, 2004, this cause comes on b%o .,cthe Petitioners, PAUL A. MARINONI, JR. AND SUEELLEN M. MARINON`I', husband and wife, represented by their attorney, Bob Estes 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 for Annexation in this cause was filed on February 10, 2004, and this Court fixed March 15, 2004 as the date of hearing for said cause. A full 30- days notice of hearing was given as required by law and proof of publication of said notice is now on file with the Clerk of this Court. 2. This Court has jurisdiction over the parties and subject matter of this cause. tea-I99 I 3. The Court is satisfied that the allegations of the Petition for Annexation are sustained by the proof. The limits of the territory to be annexed have been properly filed. The property owners having a freehold interest in the property hereinafter described joined in the petition and constitute the real owners of the area affected. 4. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: The Fractional East Half (Fri. E %2) of the Fractional Northeast Quarter (Fri. NE '/4) of Section 13, Township 16 North, Range 31 West, and being more particularly described as follows, to -wit: Beginning at an iron pin at the Northeast corner of said Fractional East Half (Fri. E %2) of the Fractional Northeast Quarter (Fri. NE ''/4) and running thence N 89 degrees 20' W along an existing fence.1303.67 feet, thence S 00 degrees 0I' W 2635.27 feet, thence S 89 degrees 37' E 1304.31 feet, thence North along an existing fence 2632.02 feet to the point of beginning, containing 78.84 acres, more or less. 5. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made 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 L3,9 '9W OA • year 1963, as codified in Ark. Code Ann. 14-40-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. JggkY HUNTON COUNTY JUDGE WASHINGTON COUNTY STATE OF ARKANSAS 3 n u ARKANSAS , Sandra L Hochstetter Chairman PUBLIC SERVICE COMMISSION (501)662-1455 TAX DIVISION Daryl E. Bassett 1000 Center Street Commissioner P.O. Box 8021 (501) 662.1453 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682-6043 Sarah M. Bradshaw Randy Bynum E-mail: taxiftsc.state.arms Director Commissioner (501) 682.1231 (501)682-1451 September 14. 2004 '- , = -� ., p :- cn r C a rn Ms. Shirley Brown Washington County Deputy Clerk _3 280 North College Avenue, Suite 300 rn C.� c, 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 Executive Secretary 7. A(1Cflgfi/OIAQ'oN/].]:Sl'IS/7.7.:51 bflfl7 W. rlaS(N M WOH4 0 0 s�ea� State of Arkansas FILED a•K Secretary of State N ntp eapill q �rylnex6 tr Cammertiol Services 682.3409 ' I ` to Unna 682d070 6aIlOLiy 6t Orounos 6023532 �kNAN9�b I(� r� '( C U. ' 1_ I -(, trumm6u-niations R Education 68]A037 �:", 6tWtknpltol route 602.5173 Charlie Daniels $ (n _.:17E Cl nesaoulce 602.0032 Secretary of StaterE�`1Xirmntlon Technology 687.3411 C. September 16, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave. Fayetteville, AR. 72701 Dear Ms. Pritchard: The Followirtg Information has been recorded and filed in the Office of the Secretary of State: Date: 09/16/2004 County: Washington City: Fayetteville Annexation: Ordinance No. - 4598 Co. Order No CC-2004-2 Plat X Election Island Incorporation: Ordinance No. Co. Order No. Plat Election Census Information 1st Class City 2nd Class City Incorporated Town I have forwarded this inforittation 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. SincerelyIce Leanna Godley Election Services Representative Room 256 State Capitol • Little Rock, Arkansas 72201.1094 501.682.1010 - Fax 501.682.3510 e-mail: soo0aristotle.net • www.sos.arkansas.gov 9 d HHU9189 aN/ZZ SI'1S/8Z 91 tOOZ OZ d3S(NOW) WUa NAME OF FILE: Ordinance No. 4598 CROSS REFERENCE: Item # Date Document 1 08/03/04 jOrd. No. 4598w/Ex. A 2 06/29/04 memo to mayor & city council 3 draft ordinance 4 memo to Planning Commission 5 New Development Impact on Fire/Rescue Service Delivery 6 letter from police department 7 letter from Bob Estes 8 copy of Petition for Annexation 9 copy of vicinity map 10 copy of planning area 11 copy of Order of Annexation 12 copy of Close Up View 13 copy of One Mile View 14 copy of Planning minutes 15 map of proposed annexation 16 map of annexation and adjacent land uses 17 map of zoning designations & development amenities 18 Jeremy Don Roach qualifications 19 Kevin E. Riggs, PE qualifications 20 Staff Review Form 21 memo to Dawn Warrick P2 Affidavit of Publication P3 copy of Petition for Annexation P4 copy of Order Setting Hearing 23 copy of Order of Annexation 26 letter from Sec. of State 27 Ifaxed letter from Public Service Commission 28 faxed letter from Sec. of State 0zo City Council MPC.ing of July 20, 2004 ys�� Agenda Item Number CITY COUNCIL AGENDA MEMO ,giUX o1l /e)g3/ To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: June 29.2004 Subject: Annexation request for Marinoni (ANX 04-1083) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Marinoni. This action will incorporate a 78.84-acre tract of land into the City of Fayetteville. The request is to annex the property into Fayetteville's city limits. BACKGROUND Properly Description: The subject property contains approximately 78.84 acres located south of the Fayetteville Boys & Girls Club and adjoining extensions of both Persimmon Street and Rupple Road as reflected on the City's Master Street Plan. The property is adjacent to city limits to the east and the north. Approximately 240 acres immediately adjacent to the west has been recommended by the Planning Commission for City Council consideration to annex in the same manner. This configuration does not create an island of unincorporated property within the City limits, is contiguous to city limits, is adjacent to land newly developed and approved for development and thus meets these policies set forth by the Annexation Guiding Policies in the General Plan 2020. Proposal: The applicant intends to develop a single family residential subdivision, in conjunction with several hundred adjacent acres already within the city limits. Development of the land will most likely be in the form of a Planned Zoning District, as densities for single family homes will likely vary significantly, depending upon terrain, floodplain, tree canopy, available and constructed access, among other factors. A conceptual masterplan for the property in question, along with other adjacent properties the applicant controls, has been submitted for review. Single family use, with a mixture of density, is the developer's primary intent for land use in this area, along with supporting facilities developing both on the applicant's property and on adjacent properties. The remainder of the applicant's property already lies within the City of Fayetteville limits. 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 of the annexation request. BUDGETIMPACT None. 4 0-,,7 /srneue( 7/W/451 ORDINANCE NO, AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY PAUL AND SUELLEN MARINONI LOCATED SOUTH OF THE FAYETTEVILLE BOYS AND GIRLS CLUB ADJOINING THE EXTENSIONS OF RUPPLE ROAD AND PERSIMMON STREET CONTAINING APPROXIMATELY 78.84 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: Dan Coody, Mayor EXHIBIT "A" ANX 04-1083 THE FRACTIONAL EAST HALF (FRL. E '/2) OF THE FRACTIONAL NORTHEAST QUARTER (FRL. NE'/4) OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID FRACTIONAL EAST HALF (FRL. E %) OF THE FRACTIONAL NORTHEAST QUARTER (FRL. NE'/4) AND RUNNING THENCE N89 DEGREES 20' W ALONG AN EXISTING FENCE 1303.67 FEET, THENCE S00 DEGREES O1' W 2635.27 FEET, THENCE S89 DEGREES 372 E 1304.31 FEET, THENCE NORTH ALONG AN EXISTING FENCE 2632.02 FEET TO THE POINT OF BEGINNING, CONTAINING 78.84 ACRES, MORE OR LESS. I • 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: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 23, 2004 ANX 04-1083: Annexation (MARINONI, 478): Submitted by BOB ESTES for property located at THE SE END OF RUPPLE ROAD. The property is located in the Planning Area and contains approximately 78.84 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: PAUL & SUELLEN MARINONI Planner: JEREMY PATE RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report: COMMISSION ACTION: Date: June 28, 2004 CITY COUNCIL ACTION: Date: July 20, 2004 BACKGROUND: Required YES C�J Approved O Denied olAkX-��cH�1ct€4Foµ� 9-0 Required YES O Approved. O Denied Property Description: The subject property contains approximately 78.84 acres located south of the Fayetteville Boys & Girls Club and adjoins extensions of both Persimmon Street and Rupple Road as reflected on the City's Master Street Plan. The property is adjacent to city limits to the east and the north. Approximately 240 acres immediately adjacent to the west is currently on the Planning Commission agenda for consideration to annex and rezone in the same manner. This configuration does not create an island of unincorporated property within the City limits, is contiguous to city limits, is adjacent to land newly developed and approved for development and thus meets these policies set forth by the Annexation Guiding Policies in the General Plan 2020. Proposal: The applicant intends to develop a single family residential subdivision, in conjunction A:IReporv12004PC Repora106-28-0414NX 04-1083 (MARINON/).da with several hundred adjacent acres already within the city limits. Development of the land will most likely be in the form of a Planned Zoning District, as densities for single family homes will likely vary significantly, depending upon terrain, floodplain, tree canopy, available and constructed access, among other factors. A conceptual masterplan for the property in question, along with other adjacent properties the applicant controls, has been submitted to staff and the Planning Commission for review. Single family use, with a mixture of density, is the developer's primary intent for land use in this area, along with supporting facilities developing both on the applicant's property and on adjacent properties. The remainder of the applicant's property already lies within the City of Fayetteville limits. The applicant is currently requesting an RSF-4 zoning district for the subject parcel as part of the Annexation Policy to "Designate zoning districts for the property during the annexation process. " 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 requests the 78.84 acres be rezoned to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request, RZN 04-1084, is an accompanying item to this annexation request. Recommendation: Staff recommends approval of the annexation request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. 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 K:IReporUU0041PC Repor15106-28-04NNX04-1083 (AMRINONI).doc 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. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family residential RSF-4, Residential Single Family, 4 units/acre South Single family residential Planning Area East Vacant RA, Residential Acre West Vacant Planning Area INFRASTRUCTURE: Streets: Currently the site only has access to Rupple Road at the northwest comer of the property. At the time of development, Rupple Road and Persimmon Street will need to be constructed along the property frontage for these roadways, Surrounding Master Street Plan Streets: North: Persimmon St. (planned collector) West: Rupple Road (minor arterial) Water: The property currently has access to a 12" water main along Rupple Road north of the site. 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 currently has access to an 8" sewer line along the north side of this property. A sewer main extension will need to be constructed to provide service to any development on this site. A capacity analysis may need to be conducted to verify line capacity before the extension will be allowed. Also, approval of additional units added to the sewer system in this area will be dependant upon the remaining capacity in the Owl Creek lift station. Fire: The subject property is located 0.493 miles from future Fire Station #7 on Rupple Road. Normal driving time is 1 minute. Water supply will be necessary for this property to develop. Anticipated service calls are projected to be 72 per year at full build -out with 4 units per acre. Police: It is the opinion of the Fayetteville Police Department that this annexation and K lReporat2004WC ReportrW6-28-0414NX04-1083 (MARINON).doe 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. LAND USE PLAN: General Plan 2020 designates this site as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will not create an island of unincorporated 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 along its east and northern property line. 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. It is predominantly a vacant field. However, the conceptual masterplan submitted by the applicant indicates future development plans may include the extension of single family residential development s to the west and to the east. 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 1 minute for fire protection from future Fire Station #7. The property has access to an 8" sewer line and a 12"water main to the north along Rupple Road. Additional utilities are being provided with development directly north of Persimmon St. Anticipated service calls are projected to be 72 per year at full build -out with 4 units per acre. K.Vteports120041PC Repora106-28-0414NX 04-l083 (AMR/NON/).do 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: Floodplain from Owl Creek, which is considered an environmentally sensitive area, regulated within the city limits, has been identified on this property. EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Water and sewer lines are accessible. The police department reports that current levels of service would not be compromised and that coverage in this area can be provided. Fire service may also be adequately provided to the site with the completion of Fire Station #7 on Rupple Road. Should the property not be annexed, county and city property is served by different emergency services (police and fire). In the event of an emergency within unincorporated property, response time may lag due to differences in addressing. 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 response and service as other developments in this area. Fire Station #7, currently under construction, was sited to better serve this area of the city. Sanitary sewer, storm sewer and .water improvements to the area will be provided for with the development of the property through proper city staff and Planning Commission review. 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 from various public service providers 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 the vicinity. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the K. IReporis17004WC ReporUI06-28-04W NX 04-1083 (MRINONI).doc 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. The developer is responsible for installing said public improvements, 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. 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 developing 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. Review comments are included as part of this staff report. 11.6.q Development proposals require a separate review from the annexation proposals. KAReporls120041PC Reporesft-78-04NNX 04-1083 (AMRINONI).do Finding: 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. The conceptual plans submitted with this application are for review and comment only, in order to give the staff and the Planning Commission an understanding of the developer's intent for the area in question. 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. Finding: Staff finds that this request is of acceptable size. The request creates a reasonable boundary avoiding the creation of islands or peninsulas. The property directly to the west is currently under review for annexation and rezoning in kind, thus creating an acceptable boundary. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: A fiscal impact assessment has not been conducted for this property. R:IReports120041PC Reports106-28-04WNX04-1083 (MAR1NONq.doc j• ;• 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. 11.61 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. iReports12004PC Reporu106-28-04NNX 04-1083 (MARINONI).dac 0 f & ) 00§0j O) Too/ ..#!_. )_ kkkkk )j§B(dm° ;2E27([ kƒi�■■ 0 :7�{ - : ± ! :© \f \ \}! 3 3 EE ! !EE! ,| ! 333 ;2 3;; i I$ 1 3 33 f ¥ 6 k/§ 0 wow : ::«0 E;RQ§■� |i|i 33 33 | ))|!!{ƒ !!;!!!�� �(i0aOil 0 JJJf }Ek §■!■ ||£ �� (ov !!{ © \}a \®$¥-03 ", !|! !. ( FAME 11,WEVILLE THE CRY OF FAYETfEVILLE, ARKANSAS June 18, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, �9 POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1083 (Marinoni, pp 478) and Rezoning RZN 04-1084 (Marinoni, pp 478) submitted by Bob Estes for property located at the SE end of Rupple 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 or create and appreciable increase in traffic danger and congestion in the area. Sincceerely, Br ieutenant i own Fayetteville Police Department riETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE 100-A WEST ROCK STREET 72701 O. BOX 1988 JAIL 140-A WEST ROCK STREET 72701 WETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-5873555 FAX:501-5873522 LAW OFFICE OF BOB ESTEs ONE EAST CENTER STREET, sUTTE200, FAYETTEVILI AR 72701-5302 TELEPHONE (479) 5214900 FAX (479) 587-0700 email bobews@arka .w February 10, 2004 Mrs. Dawn T. Warrick Fayetteville City Planning Department Fayetteville, AR 72701 HAND DELIVERED Re: In the Matter of the Annexation of Certain Lands to the City of Fayetteville, Arkansas No. CC 2004--2 Dear Dawn: Provided with this letter is a courtesy copy of the Petition for Annexation that I have filed today in the entitled matter. This is the legal description that you approved this past Friday, February 6, 2004. With warmest regards. Yours truly, Bob Estes — BE:jb Enclosure cc: Mr. Tom Terminella IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS `FILED :.. . • IN THE MATTER OF: �04 FEB 10 PM 4 04 KAREN COMBS PRITCHARD CASE NO. �C oQ6 C) CO. & PROBATE CLERK ANNEXATION OF CERTAIV445 # $T'P6 fiJEAR K. CITY OF FAYETTEVILLE, ARKANSAS PETITION FOR ANNEXATION Comes now, PAUL A. MARINONI, JR. AND SUELLEN M. MARINONI, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1. Petitioners, PAUL A. MARINONI, JR. AND SUELLEN M. MARINONI, husband and wife, are the record owners of the following described property situated in Washington County, Arkansas, to wit: The Fractional East Half (Frl. E %2) of the Fractional Northeast Quarter (Frl. NE %) of Section 13, Township 16 North, Range 31 West, and being more particularly described as follows, to -wit: Beginning at an iron pin at the Northeast comer of said Fractional East Half (Frl. E %) of the Fractional Northeast Quarter (Frl. NE Y<) and running thence N 89 degrees 20' W along an existing fence 1303.67 feet, thence S 00 degrees 01' W 2635.27 feet, thence S 89 degrees 37' E 1304.31 feet, thence North along an existing fence 2632.02 feet to the point of beginning, containing 78.84 acres, more or less. 2. All of the above described property is adjacent to and contiguous to the present city Boundary line for the City of Fayetteville, Washington County, Arkansas. A copy of the map of the property to be annexed is marked "Exhibit A" and "Exhibit B" and are attached to this Petition for Annexation. 1 3. 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. 4. Pursuant to the A.C.A.§ 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above -described be annexed to the City of Fayetteville, Arkansas. 5. Petitioners further state that the Bob Estes, Attorney at Law, One East Center Street, Suite 200, Fayetteville, Arkansas, is authorized, to act for and on behalf of the Petitioners in all matters connected with this Petition for Annexation and subsequent hearings or annexation proceedings regarding this Petition for Annexation. 6. Petitioners request that this Court set a date for hearing on this Petition, not less than thirty days after the filing of this Petition and subsequent hearings or annexation proceedings therewith. 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 Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition; and for all other proper and just relief to which the Petitioners may be entitled. 2 f PAUL A. MARINONI, JR. and SUELLEN M. MARINONI, husband and wife, Petitioners BY Bob ste Bar #7503 Their Attorney Suite 200,.One East Center Fayetteville, AR 72701-5302 (479)521-4900 Fax (479) 587-0700 email bobestes@arkansas.net _ V VERIFICATION COUNTY OF WASHINGTON )SS. STATE OF ARKANSAS We, PAUL A. MARINONI, JR. and SUELEN M. MARINONI, husband and wife, Petitioners herein, upon our oath, state that we have read the foregoing Petition for Annexation, that the facts set out therein are true and correct to the best of my knowledge and belief. 2", Paul A. Marinoni, Jr. Suellen M. Marinom STATE OF ARKANSAS ) ) SS. COUNTY OF WASHINGTON ) On this the A& day of January, 2004, before me, the undersigned officer, personally appeared PAUL A. MARINONI, JR and SUELLEN M. MARINONI who acknowledged themselves to be the persons who executed the foregoing instrument for the purposestherein contained. I hereunto set my hand and official seal. ARKANSAS raJ� . PAY CG:vIM. EXY,F'.cS 2-22-2006 My Commission expires: otary Public rd .t 1 FAYETTEVILLE mr Icy FAY£TTEMLE PAYETP£VILL£ PLANNING AREA PAY£TT£VILLE PLANNING AREA U an rc.vm �. r � City L�t� FARAItNCTON �I I FAYETTEVILLE VICINITY MAP for MARINONI PROPERTY CITY OF FAYETTEWLLE PLANNING AREA ENGINEERING SERVICES, INC. ■ WASHINGTON COUNTY, ARKANSAS `°"W"IN° ENaNEERS Mo SURvEy«'_ 1207 SOUTH OLD MISSOURI RD. SPRINGDALE, ARKANSAS 72765 a :ormmx. xaw. [w,¢wc sa.,as .c. 01-- -w. Mw A. ]� EIIIIIBIT A ii IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: CASE NO.CC 2004-2 ANNEXATION OF CERTAIN LANDS TO THE - c . o CITY OF FAYETTEVILLE, ARKANSAS s CJ Gl M ORDER OF ANNEXATION ,7 m z o ..D N +� f CD : m> Now on this �S. day of March, 2004, this cause comes on fQ Geard'the c: Petitioners,.PAUL A. MARINONI, JR. AND SUEELLEN M. MARINONI, husband and wife, represented by their attorney, Bob Estes 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 for Annexation in this cause was filed on February 10, 20042 and this Court faked March 15, 2004 as the date of hearing for said cause. A full 30- days notice of hearing was given as required by law and proof of publication of said notice is now on file with the Clerk of this Court. 2. This Court has jurisdiction over the parties and MAY 12 2004 I 3. The Court is satisfied that the allegations of the Petition for Annexation are sustained by the proof. The limits of the territory to be annexed have been properly filed. The property owners having a freehold interest in the property hereinafter described joined in the petition and constitute the real owners of the area affected. 4. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: The Fractional East Half (Fri. E %) of the Fractional Northeast Quarter (Frl. NE %4) of Section 13, Township 16 North, Range 31 West, and being more particularly described as follows, to -wit: Beginning at an iron pin at the Northeast comer of said Fractional East Half (Frl. E %2) of. the Fractional Northeast Quarter (Frl. NE '/4) and running thence N 89 degrees 20' W along an existing fence.1303.67 feet, thence S 00 degrees 01' W 2635.27 feet, thence S 89 degrees 3T E 1304.31 feet, thence North along an existing fence 2632.02 feet to the point of beginning, containing 78.84 acres, more or less. .5. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made 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 Arkansasand all Acts amendatory thereto, particularly including Act 142 oft e A RE�.EIVED MAY 12 2004 2 year 1963, as codified in Ark. Code Ann. 14-46-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. Jam- l E�2Y HUNTON COUNTY JUDGE WASHINGTON COUNTY STATE OF ARKANSAS ANXoM A R I N O N One Milele View View - u�l`t7 R ,1 �J t,A-L 'rii4L.r �. 1 J IN 1WJ RA F- ti RMF ]4) TI N G2 �:� - j R-0 12 r 7 f i w�1—� �U IRQpR-0 Gt iGf C� Pl , Ro R --j R r�-,,rz J Gf a I^ ��a ; �RMF2x _ RA [17%/ ono 0 ix R iRW4 au . G2 y s RA RA j[ I i1F�I -1kG WJ RA SF� G1 .1. y- RGz t'^--•--.--, R 2/vil,��� Overview Legend Subject Property Boundary Master Street Plan gffl ANX04-1083 ��LLP Planning Area `0\ Foew"ylEcpe my Streets 00000 Overlay DistrictPrNtlpalMUWI ^o Mirwr Medal uswg L _ _I C'Ty Limits » CglleCter 141`Farm° = Outside City 0000 NlSforYCColl d r 0 0.1 0.2 0.4 0.6 0.$_ Miles C-2 Planning Commission • • June 28, 2004 Page 71 ANX 04-1083: Annexation (MARINONI, 478): Submitted by BOB ESTES for property located at THE SE END OF RUPPLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 78.84 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-1084: Rezoning (MARINONI, 478): Submitted by BOB ESTES for property located at THE SE END OF RUPPLE ROAD. The property is in the Planning Area and contains approximately 78.84 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Ostner: Our next item is ANX 04-1083 for Marinoni. If we could have a staff report please. Pate: The next two items before us tonight on the new business agenda are the items for Annexation and Rezoning for Marinoni. This property is located at the southeast end of Rupple Road, south of where Persimmon Street is on the Master Street Plan to be extended to the east. It contains approximately 78.84 acres. The request from the applicant tonight is to annex the subject property into the City of Fayetteville and subsequently rezone that property to RSF-4. The property is directly south of the Boys and Girls Club which is on Rupple Road. The property does have access to water lines, sewer lines, fire and police services are also in this area and provided to this area. The city limits are directly to the north. Staff does find that this request is an acceptable size and does create a reasonable boundary along with those parcels that have been recommended for annexation to the City Council to the west. It is bordered by the city limits to the north and east as well. Staff is recommending for approval of the requested annexation. The associated rezoning request staff is also recommending approval of this requested rezoning. There are several developments that have been approved directly to the north, the Rupple Row PZD, the Cross Keys PZD and of course Persimmon Place, which is to the west. With regard to traffic, I would mention that a newly installed traffic signal is in place at the intersection of Rupple Road and Wedington. Additionally, a new fire station to serve this particular part of town is under construction currently. As you know, when property is annexed into the city it is zoned R-A. This applicant is requesting RSF-4. Staff is in favor of this request. Ostner: Thank you Mr. Pate. Is the applicant present? Would you introduce yourself and give us your presentation? Estes: Good evening Mr. Chairman. My name is Bob Estes and I have the privilege of standing here before you and representing your applicants, Mr. Paul Marinoni and Mrs. Sue Ellen Marinoni here seated in the third row to my right and to your left. Presented for you consideration this evening are three boards. In your packets you have 8 '/z x I 1 retentions of Planning Commission • • June 28, 2004 Page 72 these boards which you may desire to refer to from time to time. As we begin, let me direct your attention first to the materials that are in your packet. The face page for this annexation contains an error. It reads that the property is zoned RSF-4 and contains approximately 78.84 acres. That is not true. The property is not zoned RSF-4. It is not permissible to have property zoned that is not annexed into the city. That is the first order of business that we have before us this evening is your consideration of the annexation. The boards and the renderings that have been prepared for your packet are there for your edification, for your study and for your review. So often we hear tell me the whole plan, tell me what you have in mind, tell me what you are going to do. This is the reason that 1 present to you this evening the concept plan. This is not a development plan. This is not a construction plan. This is a concept plan only. If you will please direct your attention to the board to my immediate left the proposed annexation, the 80 acre parcel is shaded out in orange. This is the 80 acre parcel that is before you this evening for annexation consideration and rezoning consideration. This concept plan was prepared by Cole and Associates in St. Louis. The Senior Land Planner, Mr. Jeremy Roach is here this evening should you have any questions regarding the concept plan. As we move through your consideration of the rezoning the request of course is to first annex the property into the City of Fayetteville. Staff recommends approval of this annexation request. The reason staff recommends approval is that the requested annexation number one, will not create an island of unincorporated property. Number two, the proposed annexation is of course, adjacent to the city limits along it's east boundary and along the northern property line. The area does not consist of any defined subdivisions or neighborhoods. The proposed boundaries of the annexation follow existing property lines. The infrastructure requirements are met in their entirety. Currently the site has access to Rupple Road at the northwest corner of the property. At the time of development Rupple Road and Persimmon will be improved. The property currently has access to a 127' water main along Rupple Road north of the site. At the time of development an extension of this water main will be provided. The subject property is located approximately %: mile from the new fire station #7 on Rupple Road and response time is estimated to be one minute. It is the opinion of your Fayetteville Police Department that this annexation and the accompanying rezoning will not substantially alter the population density and thereby undesirably increase the load of services required. The floodplain from Owl Creek is considered an environmentally sensitive area. It is regulated within the city limits and it has been identified on this property which is an additional reason to grant annexation so that there may be proper regulation and control. The proposed annexation is not now a part of any phased annexation initiated by the city and last, but not least, staff finds that this request is of an acceptable and suitable size so no fiscal impact assessment has been requested and none has been conducted. I will yield the floor at Planning Commission • June 28, 2004 Page 73 this time to public comment and then be back to answer any questions that you may have. The applicants, Mr. and Mrs. Marinoni are here, and Mr. Roach from St. Louis is here and is available to answer any of your questions regarding the concept plan. Ostner: Thank you Mr. Estes. At this point 1 will open it up to the public. Would anyone like to speak to this annexation request? INSERT HERE McGuire -Bowman: I am Dr. Kathy McGuire Bowman again. Again, the Marinonis are good business people. 1 am not hostile toward them at all. 1 just want to point out that most likely the bringing forth of this annexation and rezoning at this specific moment is because of the Jefferson School relocation in this area has been decided. I am just pointing out, once again, that when a school lands somewhere suddenly development prices go way up. It is much more worthwhile to develop your property and that plans are in the works for similar school located development pushes in the southeast and the north. Everybody be ready because it is all already being planned. We have spent quite a bit of time out here because of the Jefferson School relocation. Rupple Road ends at the beginning of this Marinoni property at the present time. Rupple Road runs from Wedington to the new Boys and Girls Club, the new fire station and what will probably be the new school and all of this is down a dead end street. I guess it is going to be extended through this property so that there is some other way to get out. We cannot pour in 1,100 children's parents trying to pick them up from school, the Boys and Girls Club and 3,000 new homes into this block long dead end street. Just be aware that there is going to be a big plan there. There are also water problems. We have seen a lot of standing water in that whole area when we were looking at the Jefferson School floodplain. I'm sure you are going to take that into account. Thank you. Ostner: Thank you Ms. Bowman. Are there any other members of the public who would like to speak to this annexation request? 1 am going to close it to the public and bring it back to the Commission for discussion. The first issue I wanted to go ahead and make clear is that Rupple is on the Master Street Plan to be extended to 61h Street. However, we do not have a pot of money to do that. We need development to drive that road, to build that road between this area. That is in the works. From two years ago, even one year ago, there was no Rupple Road. We are starting the process. I just wanted to touch on that item. Vaught: As well as Persimmon to Shiloh Drive. Which, if all of these developments come through as proposed that will be another outlet, once again, funded by the development. Planning Commission • June 28, 2004 Page 74 MOTION: Clark: I move for approval of ANX 04-1083. Shackelford: I will second. Ostner: Is there further discussion? 1 would like to reiterate my concerns about traffic on Wedington and even the concerns about Oh Street if Rupple connects. Those are two big problems and we are compounding them. We are adding to them. I don't believe it is a reason to stop this project, especially the annexation part. I made my comments at length on the last item. Allen: I would like to echo my same concerns. Ostner: Is there further discussion? Would you call the roll Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 04-1083 was approved by a vote of 9-0-0. Thomas: The motion carries by a vote of nine to zero. PROPOSED ANNEXATION WEDINGTON MARINONI P /N Tenninella 8 Associates Inc. / \ Marinoni Mountain — A Masterplanned Community June 28, 2004 ` ANNEXATION AND ADJACENT LAND USES WEDINGTON FOR to N Terminella 8 Associates Inc. ! — Marinoni Mountain — A Masterplanned Community June 28, 2004 03M ZONING DESIGNATIONS AND DEVELOPMENT AMENITIES WFr11Nr_Tnkl W keen U C Park m ;reen G R. e o c Fe ci N Tenninella 8 Associates Inc. L}� Marmon! Mountain - A Masterplanned Community June 28, 2004 0 Coll & Associates Inc. Jeremy Don Roach, ASLA Senior Land Planner Education: Kansas State University Bachelor of Landscape Architecture, 1992 Certificate in Regional and Community Planning, 1992 Professional Affiliations: American Society of Landscape Architects (ASLA) President of Saint Louis Chapter, 2003-2004 Registrations: Registered Landscape Architect in the state of Missouri Qualifications Professional Summary: Mr. Roach has over 12 years of landscape architectural experience. He spent over 7 years with HOK Inc. prior to joining Cole and Associates as Senior Land Planner. As such, he is respon- sible for project work from conceptual master planning phases through construction documen- tation. Areas of Expertise: • Master Planning • Community/Land Use Planning • Planting Design • Construction Documentation Selected Project Experience: • Urban Design • Site Specific Landscape Architecture • Sustainable Design Coordination Perdido Key Resort — Pensacola, Florida. Masterplan for the 250 acre, multi -use resort including condominiums, lofts and golf course villas. The project also included 350,000 SF of retail, five restaurants, three marina's, 4 hotels, spa and 6 acre pool complex. University of Oklahoma Research Campus — Norman, Oklahoma. Masterplan for the 200 acre campus including research and development, lab, structured parking, residential, commer- cial, hotel, conference center and open space design. International Swimming Hall of Fame — Fort Lauderdale, Florida Project consisted of two waterfront sites totaling 18 acres, master planned to encompass new swimming facilities, a residential tower, medium density housing, parking structures and a beachfiont park into a traditional urban design. Wrigley Innovation Center — Chicago, Illinois. Masterplan for 7.4 acre site with 300,000 SF Global innovation Center adjacent the Chicago River. Eli Lilly Tippecanoe — Lafayette, Indiana. Programmatic masterplan for additional space at existing 2300 acre manufacturing facility including 210,000 SF office and laboratory, 30,000 SF of specialty space, 122,000 SF of warehouse and manufacturing and an redesign of both the main entries and service approaches. Eli Lilly Prince William — Manassas, Virginia. Masterplan for 150 acre manufacturing and office facility including landscape plan within VDOT ROW. Wells Fargo Home Mortgage Jordan Creek Campus — West Des Moines, Iowa - Master planning, schematic design and sustainable design coordination including alternative storm water conveyance and storage solutions for the 170 acre, 1,000,000 square foot campus. Washington University Learning and Teaching Center — Saint Louis, Missouri - Site Development portion of 35,000,000 dollar project. The Center was a critical component of the integration of the BJC medical campus and the Washington University School of Medicine. Key elements of coordination included emergency access due to street closing, streetscape de- sign encompassing a Euclid Avenue lighting study and accessible access to raised main level. Cof& Associates Inc. Qualifications Jeremy Don Roach, ASLA Highway 141 Corridor Enhancement Study —Town and Country, Missouri - Strategic Senior Land Planner visioning for the Highway corridor east of Interstate 40-61, including master planning of pre- dominant and tangential commercial properties. The plan coordinated multiple corridor design strategies with applicable landscape, traffic, phasing, implementation and funding strategies. Effort received an ASLA Merit Award. William Rainey Harper College — Palatine, Illinois - 235 acre campus master plan illustrat- ing the preferred direction for facilities growth beyond the existing 922,000 square feet includ- ing new building organization, spatial definition, landscape treatment, vehicular circulation and parking. SC Johnson Wax Commercial Products Headquarters —Racine, Wisconsin - 250,000 square foot office and laboratory facility on approximately 40 acres. Site design included wa- ter recharge zones within the parking lot, an I 1 acre lake with constructed wetlands, indige- nous plantings including a fruit orchard. The project was selected by the AIA as one of 1998s Top Ten Green Projects. Chicago Shakespeare Theater English Garden — Chicago, Illinois - English Garden designed in concert with 7 story Shakespeare Theater complex on Chicago's Navy Pier. The approximately 2500 square foot garden follows traditional English garden motifs and planting characteristics. Marsa As' Sayah — Muharraq, Bahrain - Masterplan for an approximately 1260 Acre Land Reclamation including 460 acres of a variety of residential densities, 20 acre commercial park, 25 acre harbor, 25 acre resort hotel parcel, 200 acre golf course. 40 acres of public beach and waterfront promenade, 50 acres of parks and public open space, 180 acres of roadways and 260 acres of inland watercourses. Centennial City — Manila, Philippines - Masterplan and development program for a new urban district in Manila including a landscape plant material guide, urban artifacts, graphics and signage document for the 1500 hectare land reclamation in Manila Bay. Changying Residential Development — Beijing, China - New Town master plan of approxi- mately 4 hectares. Project included high rise residential, commercial, civic and community facilities and open spaces. Key elements of coordination included vehicular and pedestrian circulation, landscape, conceptual fighting, parking, playground and pavilion design. Dubai Marina — Dubai, United Arab Emirates - Phase I municipal landscape design of public roadways, main entrances, plazas and waterfront promenade of project encompassing 6 residential towers and multiple villas constructed on dual podium structures. Overall project is intended to house approximately 90,000 expatriate workers upon full build out. Lake Town — Maharashtra, India - Masterplan for the main entry into a 9,000 acre Hill station, or new resort town. Design reflected overall developments organic urban pattern while responding to the sites dramatic topography. Key elements of coordination included bus access and staging, gated entrances, sales office, hotel and retail facilities. 0 Cole & Associates Inc. Qualifications Kevin E. Riggs, P.E. I Professional Summary: Executive Vice President Mr. Riggs has over 14 years of civil engineering experience He spent 8 years at Stock and As- sociates prior to joining Cole & Associates as Executive Vice President of the firm. As such, he is responsible for overseeing the entire engineering department, as well as corporate duties. Education: University of Missouri - Rolla, Areas of Expertise: Bachelor of Science Degree in Mechanical Engineering in 1991. • Stormwater Management and Simulation Models • Storm Channels • Sanitary Pump Stations and Force Mains a Flood Plain Studies Professional Affiliations: • Municipal and Governmental Affairs • Storm and Sanitary Systems National Council of Examiners • Erosion and Sediment Control Analysis and Design • Construction Inspection for Engineering and Surveying • Road/Highways • Geotechnical Analysis (NCEES) Project Experience: Lambda Alpha International — Honorary Land Economics 150,000 sq. ft. office complex, Miramar, Florida, Lucent Technologies: Society Design and permit stormwater quantity and water quality system. Missouri Society of Baltimore Ravens Practice Facility, Baltimore, Maryland: Project manager for a new facil- ity for Ravens NFL franchise. Design and permitting of stormwater management and water quality systems. American Society of Engineers Rock -Cranbury Development, Cranbury, New Jersey: Project manager for 250 acres of (ASCE) commercial and industrial development housing a 1,000,000 sq. ft. warehouse for Pearson Education. Design and permit stormwater management facility and water quality system. Registrations: Professional Civil Engineer in Sweetheart Cup Development, Carrol County, Maryland: Project manager on a 100 acre the states of Missouri, Illinois, development containing a 1,000,000 sq. ft. warehouse for Sweetheart Cup. Design stormwater Kansas, Ohio, Kentucky, Indiana, management facility and water quality system. New Jersey, New York, Pennsyl- Keaton Corporate Parkway, O'Fallon, Missouri: Design and permit vania, Hawaii, Maryland, Colo- approximately 1 /2 mile of new road to serve an 80 acre industrial commercial development. ratio, Arizona, and Nebraska. Gateway Commerce Center, Madison County, Illinois: Analyze, stimulate and design a s1ormwater management system for 4,500 acre commercial and industrial development. Park 370, Hazelwood, Missouri: Analyze, simulate and design a stormwater management system for a 500 acre commercial and industrial development. Morris -Cranbury Development, Cranbury, New Jersey: Project manager on a 150 acre commercial and industrial development. Design and permit stormwater management and water quality systems. The Gap, Fishkill, New Jersey: Project manager on a 250 acre development housing a 1,800,000 sq. ft. warehouse for Old Navy, an 800,000 sq. ft. warehouse for Banana Republic and a 400,000 sq. ft. warehouse for Gap Inc. Design and permit a stormwater management system and water quality systems. Schmalbach Lubeca, Columbia, South Carolina: Project manager for a 300,000 sq. ft. manufacturing facility. Design and permit a 1/2 mile road extension, railroad extension and stormwater management facility. Villages at Springhurst, O'Fallon, Missouri: Project Executive on an 800 unit residential mixed use plan. STAFF REVO FORM - NON -FINANCIAL OBLIGATION AGENDA REQUEST For the Fayetteville City Council Meeting of: July 20, 2004 FROM: Dawn Warrick Name Planning CP&E Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: ANX 04-1083: (Marinoni, pp 478) was submitted by Bob Estes, Attorney on behalf of Paul and Suellen Marinoni for property located at the southeast end of Rupple Road containing approximately 78.84 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMMENDATION: Approval. Divi on Head e 'C omey i Date Department Director Date Fin nce & Internal Services Dir. Date '�— Chief dministrative Officer Date p v Mayor Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: ri-`1CH - Date Yes No qN N C PROPOSED ANNEXATION d LL U w r F- WEDINGTON a MARINONI fovrcw- iopa3 /( .jel-IOO5/ N Terminella 8 Associates Inc. Marinoni Mountain - A Masterplanned Community June 28, 2004 0 w/o i IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: CASE NO. ee o7OO�Z- oZ, ANNEXATION OF CERTAIN LANDS TO THE �c CITY OF FAYETTEVILLE, ARKANSAS a o C� aa-y -0 C-3 m CDti y O ORDER SETTING HEARING z y cCOn t o -) 3 Q -a c On this 1� day of February, 2004 is presented to this Court a Pepi@ @r Annexation. ac a � r filed in the County Court of Washington County, on February 10, 2004 by the Pe€ ti ioners, PAUL A. MARINONI, JR. AND SUELLEN M. MARINONI. IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED 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 Monday, March 15, 2004, at 9 o'clock a.m. 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. CO Y JUD E V(;L� 17( 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: Statof Arkansas Secretary of State Business & Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3532 Communications & Education 683-0057 State Capitol Police 682.5173 Business Office 682-8032 Information Technology 682.3411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 09/ 16/2004 Annexation: Incorporation: Census Information I st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - 4598 Co. Order No CC-2004-2 Plat - X Election - Island - Ordinance No. Co. Order No. Plat Election I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact meat 1-800-482-1127 or 682-3451. Leanna Godley %.J 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 9 www.sos.arkansas.gov FAYETTEXALLE 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.4598 Attached is a copy of the above ordinance passed by the City Council, August 3, 2004, confirming ANX 04-1083, which annexes property located at south of the Fayetteville Boys & Girls Club and future extensions of Rupple Road and Persimmon Street, containing approximately 78.84 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 H,r . . .i I r a Q AUG 16 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: W t 0Y1 Q 0) 4 g was inserted in the regular editions on PO# 00- � �p ** Publication Charge: $ Subscribed and sworn to before me this day of AV , 2004. - -i Notary Public --T My Commission Expires: 0ASacR ** Please do not pay from .Affidavit. An invoice will be sent. Official Seat SEAN-MICHAEL ARGO Notary Public•Arkansas WASHINGTON COUNTY My Commission Expires 07.25-2013 ORDINANCE "1 uae• AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE ARKANSAS, OF CERTAIN PROPERTY P PV1 P OWNED 61'PAULAND SUELS MARINONILOCATEDSOUTH �/ �/\�1 V OF .THE FAYEREVILLE, BpY15 AND GIRLS CLUB ADJOINING Y •sae NSAs' THE EXTENSIONS OF R )PPLE ROAD AND PERSIMMON STREET OONTAINING APPROXIMATELY 78.84 ACRES W. nr 011DAINED BY THE CRY C'NINCIL OF THE'Crnf OF FAYETTBVILLE, ARNANSAM Section 1: That the City Coundl hereby confirms Ms amontion to db Gty Of FayetteNls. Aemr . of that property described in E#dA W attached hamto end made a part hereof. Sa W 2: The otBtiel map of the Qt9 of FayenWle, AderlSSA Is herNry errleMed W reflect dte charge WaAdeo In Section 1 above, - That the PARSED W W APPROVED hP 3rd day of August, 2004. •y, APPROVED:' BY DAN COODY, 11111411 ATTEST: By: S011D11A Elrr IJ CHr Clerk . ANX 04-1083 THE FRACTIONAL EAST HALF (FRL E 1M OF THE FRACDONAL NO[tiHEA.ST OUACTI 1/4) OF SECTION 13. TOWNSHIP 10 NORM, RANGE 31 WEST ANOJBBNGiMQB�-lA I FRACTIONAL EAST HALF (FRL. E 1/4 OF THEj�FRACiIONALNO AND RUNNING THENCE N89 DEGREES 20' ALONG:M EX NCE S00 DEGREES Ol'. W 2835.27 FEET. THENCE S99 DEGREE! 0H ALONG AN EXISTING FENCE 2632.02 FEET TO THE. POINT 4 ACRES. MORE OR LESS. .'e 212 NORTH EAST AVENUE is P.O. BOX 1607 •