HomeMy WebLinkAboutOrdinance 460600Y �s f
ORDINANCE NO. 4606001
00 9
AN ORDINANCE CONFIRMING THE ANNEXATIdNCrt� C,/'�
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN?�CQT�c /C//,'`' �
PROPERTY OWNED BY HAYS FAMILY DEVELOPMENT, �C<F�
LLP LOCATED WEST OF 54T" AVENUE ADJOINING THE K
. nl.
EXTENSION OF WEST PERSIMMON STREET CONTAINING
APPROXIMATELY 37.30 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 17`h day of August, 2004.
APPROVED:
By:
ATTEST:
By: LA-Ajtt c :FAYETTEVILLE:
SONDRA SMITH, City Clerk
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII I ull IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 007653920002 TVDe: REL
Recorded: 09/09/2004 at 02:29:04 PM
Fee Amt: $11.00 Paoe 1 of 2
Washlnaton Countv. AR
Bette Stamos Circuit Clerk
F11e2004-00037315
L4c Zomq-s
EXHIBIT "A"
RZN 04-1091
PART OF THE NW ''/4, NW '/4 AND PART OF THE NE '/4, NW '/4 OF SECTION 14, T16N,
R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW '/4, NW '/4 THENCE
N89059'II"E 995.13 FEET TO THE P.O.B., THENCE N89059'1199E 665.91 FEET, THENCE
S8802611791E 165.07 FEET, THENCE S89055'177'E 825.00 FEET, THENCE SOUTH 904.23
FEET, THENCE WEST 835.88 FEET, THENCE S0004111911W 146.47 FEET, THENCE
N89049'1299W 825.49 FEET, THENCE N00023'31"E 1053.60 FEET TO THE P.O.B,
CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF
RECORD.
Washington County, AR
I certify this instrument was filed on
09/09/2004 02:29:04 PM
and recorded in Real Estate
File Number 2004-000 7315
Bette Stamps -Circuit lark
by
FILED
IN THE COUNTY COURT OF WASHINGTON COUNTY qyRKA�A�III 2 P
REtV
No. CC-_Od it C0 4 PROS PRITOtfq
Wggyl�tfr,� qTE Rt)
IN RE: ANNEXATION PETITION OF HAYS FAMILY DEVELOPIVIi:K1*p L�RK
et al. RK.
ANNEXATION PETITION
For their Annexation Petition, the undersigned Petitioners state:
1. Petitioners are the owners of a majority of the real property
described in Exhibit "A" attached hereto. Said property is contiguous to and
adjoining the City of Fayetteville, Arkansas.
2. Petitioners name James N. McCord, attorney at law, as the person
authorized to act on behalf of Petitioners in this annexation proceeding. James N.
McCord can be contacted at 11 N. West Ave, Suite 202, Fayetteville, AR 72701;
telephone (479) 695-1134; Fax (479) 695-1135.
3. Attached hereto as Exhibit "B" is an accurate map of the real
property described in Exhibit "A" attached hereto.
WHEREFORE, the undersigned Petitioners pray that the Washington
County Court enter an order granting this Petition and annexing the territory
described in Exhibit "A" attached hereto to the City of Fayetteville, Arkansas.
PETITIONERS
Hay
By:
RECEIVED
SEP 13 204
'ITY OF FAYETTEVILLE
:!TY CLERK'S OFFICE
Signature page for Annexation Petition of Hays Family Development, LLLP, et al.
Hays
Signature page of Annexation Petition of Hays Family Development, LLLP, et al.
Signature page of Annexation Petition of Hays Family Development, -AP`et al.
12-11-03
Nall
E. Nall
Signature page of Annexation Petition of Hays Family Development, LLLP, et al.
./� L�iC.` -64 i6du�iGv
Marvin G. Houston
Frances A. Houston
Signature page of Annexation Petition of Hays Family Trust, LLLP, et al.
4 S /1�1
Trac . Thomas
Holly
„A„
LEGAL DESCRIPTION (TO BE ANNEXED
PART OF THE NWT', NWT' AND PART OF THE NET', NWT' OF SECTION 14. T16N. R31W IN
WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE
NW CORNER OF SAID NWT'. NWT' THENCE N 89059'll'E 995.13 FEET TO THE P.O.B., THENCE
N 890591110E 665.91 FEET, THENCE S 88026'17'E 165.07 FEET, THENCE S 89055'17'E 825.00
FEET. THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S 00041'190W
146.47 FEET. THENCE N 89049'I2'W 825.49 FEET, THENCE N 00023'310E 1053.60 FEET TO
THE P.O.B.. CONTAINING 37.30 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS OF
RECORD.
CCA00-
PROPERTY OWNERS:
11782
MASON W. 8 LARISSA E. NALL
1826 CROSSOVER RD. SUITE I
FAYETTEVILLE, AR. 72701
11786
MARVIN G. 8 FRANCES A. HOUSTON
4268. WAGON WHEEL RD.
SPRINGDALE, AR. 72762
11785
m
TRACY L. 8 HOLLY A. THOMAS
^ 425 N. 54 in AVE.
FAYETTEVILLE, AR. 72704
11784
RANDALL G. 8 PEGGY J. LYNCH
P.O. BOX 124
FARMINGTON, AR. 72730
11790
HAYS FAMILY DEV. LLP
HAYS FAMILY INVESTMENTS, LLP
2025 GREEN ACRES ROAD
FAYETTEVILLE. AR. 72703
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IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS
No, CC- 2004- 5
IN RE: Annexation Petition of Hays Family Development, LLLP et al.
ORDER
On this s. 4p day of February, 2004 is presented to the Washington
County Court thAnnexation Petition filed by Hays Family Development, LLLP et
al. Ark. Code Ann..Sec. 14-10-602(a) provides that the Court shall set a date for
a hearing on the Petition which date shall be not less than 30 days after the filing
of the Petition.
IT IS, THEREFORE, ORD RED that a hearing on the Annexation Petition
filed herein is set for the ay of March, 2004 at io: e-w 44. m. before the
Washington County Court.
'Washington County••c
Vi A-' q
n
7
-r
fn
b
FILED
IN THE COUNTY COURT OF WASH(""" g§)U QF;ICANSAS
No. CC- 2Qfi 5N COMBS PRITCHARC
i; o.
IN RE: PETITION OF HAYS FAMILYPE, L. I, N�tEB�P et al.
TO ANNEX PROPERTY TO CITY OF FA�(ETT VILL��; ARKCANSAS.
ORDER OF ANNEXATION
On this 29th day of March, 2004 comes on for hearing before the
Washington County Court the Annexation Petition filed by Hays Family
Development, LLLP at al. From a review of the case file and the proof, the Court
finds:
1. The allegations of the petition are sustained by the proof;
2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601
have been complied with;
3. The limits
of the territory to
be annexed
have been
accurately
described
and an accurate
map thereof
made and
filed; and,
4. The prayer of the petitioners is right and proper.
IT IS, THEREFORE, ORDERED that the Annexation Petition is hereby
granted and the territory described in Exhibit "A" attached hereto is hereby
annexed to the City of Fayetteville, Arkansas.
ENTERED this 29h day of March, 2004.
W hingt n County Judge
IAA n
LEGAL DESCRIPTION (TO BE ANNEXED
PART OF THE NWT. NWT AND PART OF THE NE-. NWi OF SECTION 14. T16N, R31W IN
WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE
NW CORNER OF SAID NW}, NW} THENCE N 89059'110E 995.13 FEET TO THE P.O.B., THENCE
N 89059'110E 665.91 FEET. THENCE S 88026JI70E 165.07 FEET, THENCE S 89055017'E 825.00
FEET, THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S 00041'194W
146.47 FEET. THENCE N 89049'12'W 825.49 FEET, THENCE N 00023'31'E 1053.60 FEET TO
THE P.O.B., CONTAINING 37.30 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS OF
RECORD.
Sandra L Hochstetter
Chairman
(501) 682-1456
Daryl E Bassett
Commissioner
(501)662.1453
Randy Bynum
Commissioner
(501) 882-1451
September 14, 2004
ARKANSAS
PUBLIC SERVICE COMMISSION
TAX DIVISION
1o00 Center Street
P.O. Box 8021
Little Rock, Arkansas 72203-8021
Phone (501) 682-1231 Fax (501) 682-6M
E-mail: tax@Psc.state-ar.u5
Ms, Shirley Brown
Washington County Deputy Clerk
280 North College Avenue, Suite 300
Fayetteville, AR 72701
Re: Annexations
Dear Ms. Brown,
Sarah M, Bradshaw
Director
(501)682.1231
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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
z rl nr.nafiia(Qa•aNizz:ct'isizz:cl bran? U A1s(NOW) WOXI
'04 : cP 20 PPl 2 04
Charlie Daniels
Secretary of State FROPATE CLERK
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
Elections
6a7.507O
Building a' Grounds
cez3532
communications a aducatlon
6834037
State Capitol rollcc
6823173
uusincss Mice
507.00,12
Inronnation'reclulology
6023411
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. -
Co. Order No
Plat
Election
Island
Ordinance No.
Co. Order No.
Plat
Elcction
4606
CC-2004-5
X
I have forwarded this information to the Arkansas Municipal League. If you have any further
questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451.
Sincerely,
Oxanna
Godley
Election Services Representative
Room 256 State Capitol • Little Rock, Arkansas 7220i-t094
501-682.1010 - Fax 501.682-3510
e-mail: sos@aristotle.net - w .sos.arkansas.gov
8 d 0809619189'0N/ZZ 9l'1SAZ 9l b00Z U d3S(NOW) W08�
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NAME OF FILE: Ordinance No. 4606
CROSS REFERENCE:
Item # Date Document
1
08/17/04 jOrd.
4606 w/Ex. A
2
06/29/04 Imemoto
mayor & city council
3
draft ordinance
4
memo to Planning Commission
5
Fyv Fire Dept Service Delivery Impact
6
letter from fire dept.
7
copy of vicinity map
8
copy of Annexation Petition
9
copy of Order of Annexation
10
copy of email to Planning Division
11
copy of Close Up View
12
copy of One Mile View
13
copy of 6/28/04 Planning Commission
14
Staff Review Form
15
j letter to City Council from Jim McCord
16
copy of vicinity map
17
letter to City Council from Jim McCord
18
copy of vicinity map
19
copy of preliminary map
20
original of preliminary map
21
copy of draft ordinance
22
memo to Dawn Warrick _
23
Affidavit of Publication
24
file -marked Annexation Petition
25
Affidavit of Publication
26
file -marked Order
27
file -marked Order of Annexation
28
letter from Sec. of State
29
faxed letter from Public Service Commission
30
faxed letter from Sec. of State
• %1''rey
City Council M•ng of July 20, 2004 `t&06
Agenda Item Number Y}M(oq'ieril
CITY COUNCIL AGENDA:.MEMO NY-5
,'wt1 apt'
To: Mayor Coody and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administratoro.S
Date: June 29, 2004
Subject: Annexation request for Hays (ANX 04-1090)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Hays. This action
will incorporate a 37.30-acre tract of land contiguous with the city limits into the City of
Fayetteville. The request is to annex the subject property into the City of Fayetteville.
BACKGROUND
Property Description: The subject 37.30 acre tract of land is located west of 54`h Street,
adjoining the extension of W. Persimmon St. as reflected on the Master Street Plan.
Adjacent to the city limits to the north and east, the configuration of land does not create
an island of unincorporated property within the City limits.
Proposal: The applicant requests annexation into the City of Fayetteville, along with the
companion rezoning request. The applicant(s) are a consortium of land owners within the
Planning Area that have collectively requested their respective properties be annexed into
the City of Fayetteville.
DISCUSSION
On June 28, 2004, the Planning Commission voted 7-2-0 to forward this item to the City
Council with a recommendation for approval of the annexation with a companion
rezoning request, Commissioners Anthes and Oster voting no.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY OWNED BY HAYS FAMILY DEVELOPMENT,
LLLP LOCATED WEST OF 54Tu AVENUE ADJOINING THE
EXTENSION OF WEST PERSIMMON STREET CONTAINING
APPROXIMATELY 37.30 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.
APPROVED: R• ��
D
By:
Dan Coody, Mayor
ATTEST:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1091
PART OF THE NW '/4, NW '/4 AND PART OF THE NE %4, NW %4 OF SECTION 14, T16N5
R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW '/4, NW %4 THENCE
N89059'11"E 995.13 FEET TO THE P.O.B., THENCE N8905951I"E 665.91 FEET, THENCE
S88026' 17"E 165.07 FEET, THENCE S89055' 17"E 825.00 FEET, THENCE SOUTH 904.23
FEET, THENCE WEST 835.88 FEET, THENCE S0004119"W 146.47 FEET, THENCE
N8904912"W 825.49 FEET, THENCE N0002Y31"E 1053.60 FEET TO THE P.O.B.
CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF
RECORD.
,•
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: Craig Carnagey, Senior Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 23, 2004
ANX 04-1090: Annexation (HAYS, 475): Submitted by JAMES MCCORD for property located
WEST OF 54'h AVE. ADJOINING EXTENSION OF W. PERSIMMON ST (AS REFLECTED
ON M.S.P.) The property is in the Planning Area and contains approximately 37.30 acres. The
request is to annex the subject property into the City of Fayetteville.
Property Owner: HAYES FAMILY DEVELOPMENT, LLLP Planner: CRAIG CARNAGEY
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
PLANNING COMMISSION ACTION: Required YES
O/Approved O Denied
Date: June 28, 2004 Skvket(,.dmf dsu�Mt� q-Z
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: July 20, 2004
BACKGROUND:
Property description: The subject property contains approximately 37.30 acres located west of
54'h Avenue, and adjoins an extension of west Persimmon as reflected on the City's Master Street
Plan. The property is adjacent to city limits to the east and the north. This configuration does not
create an island of unincorporated property within the City limits.
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 37.30
acres to RSF-4, Residential
Single Family, 4
Units per Acre. The rezoning
K.lReports110041PC Repor&106-18-04WNX 04-1090 (HAYES).doc
request, RZN 04-1091, 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.
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.
K. Weports120041PC Reports106-18-04W NX 04-/090 (HAYES).doc
,0
PJ
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 has access to Persimmon Street and 54'h Avenue at the northeast
comer of the property and County Road 649 along the east property line. At the
time of development, Persimmon Street will need to be constructed through the
development. County Road 649 will need to be brought up to current standards
along the property frontage. Off -site improvements to 54 h Avenue will be
considered at the time of the development of the property.
Surrounding Master Street Plan Streets:
North: Persimmon St. (planned collector)
South: Dot Tipton Road. (unimproved collector)
East: 54`h Avenue. (unimproved collector)
West: Double Springs Road (minor arterial)
Water: The property has access to an 8" water main along Persimmon Street and 54 h
Avenue. 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 does not have access to sanitary sewer. An off -site sewer main
extension will be required to serve this development. 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 1.97 miles from future Fire Station #7 on Rupple
Road. Normal driving time is 4 -6.5 minutes. Water supply will be necessary for
this property to develop.
Police: 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.
LAND USE PLAN: General Plan 2020 designates this site as Residential.
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
K: IRepora120041PC ReporaIO6-28-04WNX 04-1090 (HAYES).do
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, future development plans may include
the extension of a subdivision to the 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 4 to 6.5 minutes for fire
protection from future Fire Station #7. The property has access to an S"
water main to the east along 54`n Avenue.
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: Wetlands, floodplain, and steep slopes have not 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
K. Meporu120041PC Repor&06-28-041ANX 04-1090 (HAYES).doc
area can be provided. Fire service may also be provided to the site within an
acceptable response time.
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. Sewer and water
improvements to the area will be provided for with the development of
approved preliminary plats.
11.6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
11.6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in this area.
11.61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to sewer and street systems and installation of fire hydrants
would be made necessary by the annexation should additional development
occur on the subject property.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
K. IReporv11004NC Repor[s106-18-04W NX 04-1090 (11AYES).do
1• 0
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
l 1.6.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.
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.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: A fiscal impact assessment has not been conducted for this property.
KAReporaI20041PC ReporUI06-28-04W NX 04-/090 (HAYFS).doc
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or
peninsula.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.61 Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training of
personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
1_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.
l 1.6.p An annexation study should be completed on all annexation proposals.
l 1.6.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:IReports12004LPC Reporu106-28-04WNX04-1090 (HAYES).doc
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FAME �~�''EVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
June 18, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
This document is in response to the request for a determination of whether the proposed
Annexation ANX 04-1090 (Hays Family Development, LLLP, pp 475) and Rezoning
RZN 04-1091 (Hays Family Development, LLLP, pp 475) submitted by James
McCord for property located west of 54`s Ave. Adjoining extension of W. Persimmon St
(As reflected on M.S.P.) 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.
POLICE DEPARTMENT
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,
Lieutenant William Brown
Fayetteville Police Department
AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE 100-A WEST ROCK STREET 72701
:O. BOX 1988 JAIL 140-A WEST ROCK STREET 72701
AYETTEVILLE, ARKANSAS 72702,1988 PHONE: 501-5873555 FAX:501-587-3522
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SCALE. N.T.S. DATE REVISED CHEp(ED BY.• DRAWN BY.., B W
JORGENSEN & ASSOCIATES WE zJMYDs 29,W � DW LP4IHAYSIHAY
CIVIL ENGINEERS . SURVEYORS ANNEXATION 1 REZONING FOR
W TCM.R 59T..V.VF Jffl .....R..,,,F, ... ., .F.Z/.A�11fJw9 �J _ B _ HAYS
FILED
IN THE COUNTY COURT OF WASHINGTON COUNJ I( /y�RKAt79A�fP/ 2
R .p� CO SS
27
No. cc- A0 0 4 - 5 rca . pi? ' P 'rC' 41JO
aSPI/ C
IN RE: ANNEXATION PETITION OF HAYS FAMILY DEVELOP, LRK
at al.
ANNEXATION PETITION
For their Annexation Petition, the undersigned Petitioners state:
1. Petitioners are the owners of a majority of the real property
described in Exhibit "A" attached hereto. Said property is contiguous to and
adjoining the City of Fayetteville, Arkansas.
2. Petitioners name James N. McCord, attorney at law, as the person
authorized to act on behalf of Petitioners in this annexation proceeding. James N.
McCord can be contacted at 11 N. West Ave, Suite 202, Fayetteville, AR 72701;
telephone (479) 695-1134; Fax (479) 695-1135.
3. Attached hereto as Exhibit "B" is an accurate map of the real
property described in Exhibit "A" attached hereto.
WHEREFORE, the undersigned Petitioners pray that the Washington
County Court enter an order granting this Petition and annexing the territory
described in Exhibit "A" attached hereto to the City of Fayetteville, Arkansas.
PETITIONERS
Hay
By:
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N6310 00VM W083
%%A 11.
LEGAL DESCRIPTION (TO BE ANNEXED
PART OF THE NW}. NWi AND PART OF THE NEf. NW} OF SECTION 14, T16N, R31W IN
WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS FOLLOWS. COMMENCING AT THE
NW CORNER OF SAID,NW4 NW} THENCE N 89°59'll'E 995.13 FEET TO THE P.O.B.. THENCE
N 89659'110E 665.91 FEET, THENCE S 8076'171E 165.07 FEET, THENCE S 89055617•C 825.00
FEET, THENCE SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S oo°4l'I9'W
146.47 FEET. THENCE N 89049'IP'W 825.49 FEET. THENCE N 00623.318E 1053.60 FEET TO
THE P.O.B., CONTAINING 37.30 ACRES MORE OR LESS SUBJECT TO R/W AND EASEMENTS OF
RECORD.
8 d•018VLZ418940N/ZS:SC'1S/99:Sl *0Z 9Z 83d(OHl)
N8110 03VA WO81
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PROPERTY OWNERS:
11782
MASON W. A LAR/SSA E. MALL
1826 CROSSOVER RO. SUM I
FAYETIEVIL%E, AR. 7;701
11786
MARVIN G. 8 FRANCE$ A. HODS TON
Q68 WAGON M71M RD,
SPRINGOALE, AN. 71782
11705
TRACY L. A HOLLY A. THOMAS
4Z5 N. Urm AVE.
` FAYETTEVILLE. AR. 71704
R7A4
RANDALL G. A PEGGY J. LYNCH
P.O. 80X 14
FARMINGTON, AR, Wjo
11700
MAYS FAMILY DEV, LLP
HAYS FAMILY INVESTMENTS. LLP
Z025 GREEN ACRES ROAD
FAYETTEVILLE. AR. 72703
Ol d 6OOZ 9Z MOP
H 110 OM NOai
Signature page for Annexation Petition of Hays Family Development, LLLP, et al.
£ d Ol8tiLZ7lE9'ON/Z9 9l'15/99 9l 600Z 9Z 91J UIHD M8313 OOVM W08:1
Signature page of Annexation Petition of Hays Family Development, LLLP, et al.
6 d O MZZ71£9'ON/Z9:91'1S/9S:91 600Z 9Z 933(nHl) M310 OOVM W083
Signature page of Annexation Petition of Hays Family Development, L)&P/et al.
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N8310 OOVM W083
Signature page of Annexation Petition of Hays Family Development, LLLP, et al.
HoustonWrvin G.
9 d 018PLZP189'ONM:91'1S/W9 I OR 9Z 833(OHl) M1O OOVM W083
Signature page of Annexation Petition of Hays Family Trust, LLLP, et al.
L d 0l£YLdb1£9'ON/d9:91'1S/99:91 VOOd 9d 93J 01)
MID OOVM WOa3
IN THE COUNTY COURT OF WASHINGTON COUN:j1' ARKANSAS ,.
,t rLF'
No. CC-2004-5 .oy MR 29 Aft 11 52
IN RE: OF HAYS FAMILYTO ANNEXTITION PROP PROPERTY TO CITY OF FAEY EVIPIL,d Lk is LLP Ot a8a
CO. PROBATEtCLERK
ORDER OF ANNEXATI6W I*d 0TC?4 CO. ARK.
On .this 29th day of March, 2004 comes on for hearing before the
Washington County Court the Annexation Petition filed by Hays Family
Development, LLLP et al. From a review of the case file and the proof, the Court
finds:
1. The allegations of the petition are sustained by the proof;
2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601
have been complied with;
3. The limits of the territory to be annexed have been accurately
described and an accurate map thereof made and filed; and,
4. The prayer of the petitioners is right and proper.
. IT IS, THEREFORE, ORDERED that the Annexation Petition is hereby
granted and the territory described in Exhibit "A" attached hereto is hereby
annexed to the City of Fayetteville, Arkansas.
ENTERED this 29h day of March, 2004.
VVakhingt6n- County Judge
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DATE REVISED i ChE C.%�-
From: Planning
To: Carnagey, Craig; Morgan, Suzanne; Pate, Jeremy; Warrick, Dawn
Date: 6/17/04 11:25AM
Subject: Fwd: ANX 04-1090 and RZN 04-1091
>>> PAULA THOMPSON <mspjdaisy@sbcglobal.net> 06/16/04 07:37PM >>>
This is in response to the second notice I have gotten as an adjoining property owner regarding actions
before the Planning Commission. The first was 30 acres to my west, now 37 acres to my north, all to be
rezoned for 4 units per acre.
Please, please, urge the planners and the commission to drive to these sites over any of the roads that
will get you here. The city streets and county roads are barely two lane ... in places not even that ... and you
are considering allowing the erection of some 268 residences, with an average of probably 3 or more cars
each? Annex the land, but please do not rezone for that density unless you have surplus funds in reserve
to upgrade the roads that will be handling all those cars. We already have terrible congestion on HWY
16W, accidents on an all too regular basis, and all the other ills that come with growth that outstrips the
infrastructure and resources of the area.
Please, you are the only.protection we have ... and the last best hope for prairie wildlife that has been here
since Peter Van Winkle came to this spot of ground in the 1840s. If you don't care about the native
critters, please care about the two -legged road kill this will bring.
Paula Thompson
5790 W. Dot Tipton Road
Fayetteville, AR 72704
ANX04-1090 HAYS FAMILY DEVELOPMENT, LLLP
One Mile View
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Planning Commission • •
June 28, 2004
Page 97
ANX 04-1090: Annexation (HAYS FAMILY DEVELOPMENT, LLLP, 475):
Submitted by JAMES MCCORD for property located at WEST OF 54th AVE
ADJOINING EXTENSION OF W. PERSIMMON ST (AS REFLECTED ON M.S.P.).
The property is in the Planning Area and contains approximately 37.30 acres. The
request is to annex the subject property into the City of Fayetteville.
RZN 04-1091: Rezoning (HAYS FAMILY DEVELOPMENT, LLLP, 475):
Submitted by JAMES MCCORD for property located at WEST OF 54th AVE
ADJOINING EXTENSION OF W. PERSIMMON ST. (AS REFLECTED ON
M.S.P.) The property is zoned R-A, Residential Agricultural, and contains
approximately 49.40 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 04-1090 for Hays.
Pate: This item and the following accompanying item for RZN 04-1091 for
Hays are associated items. This property is located west of 541h Avenue
adjoining the extension of West Persimmon Street as reflected on the
Master Street Plan. The property is currently, of course, in the planning
area and contains approximately 37.30 acres for annexation request. The
applicant is requesting to annex the subject property into the City of
Fayetteville. The property is adjacent to city limits to the east and the
north. This configuration, as requested, does not create an island of
unincorporated properties into the city limits. Currently the site has access
to Persimmon Street and 541h Avenue at the northeast corner of the
property, County Road 649 along the east property line. At the time of
development Persimmon Street will need to be constructed through the
development and additionally, staff will be evaluating offsite
improvements to 541h Avenue at the time of development. Staff is
recommending approval of the annexation request. The accompanying
item, which is a rezoning request, if you would please refer to your revised
staff report that was passed out this evening. Unfortunately, an erroneous
staff report was passed out with your original packets with some different
numbers on there. Hopefully the new packet has revised all of that. This
request is to rezone the approximately 37.30 acres along with other
property that this property owner, the Hays owner, along with other
property owners are requesting to annex into the City of Fayetteville for a
total of 49.40 acres. The additional 12.10 acres is directly to the north of
this property. When property is annexed into the city it is zoned as R-A,
Residential Agricultural. The applicant is requesting that the entire 49.40
acres be rezoned to RSF-4. The proposed rezoning to RSF-4 would allow
for a maximum dwelling unit number of 197 dwelling units in this area.
That is an increase in population density from what is allowed currently.
However, the public service providers do state in the attached staff report
that this will not increase appreciably an increased traffic danger in this
area with proposed improvements with the development proposal in the
Planning Commission • •
June 28, 2004
Page 98
future. Staff is also recommending approval of the association RZN 04-
1091.
Ostner: Thank you. Is the applicant present? If you could introduce yourself and
tell us about your request.
McCord: My name is Jim McCord, I'm representing J.B. Hays who is present
tonight. The annexation is for a property that is adjacent to the property
approved earlier, the Sloan property approved for annexation and
rezoning, it is immediately to the west of the Tipton/Sloan property. The
annexation conforms with all of your annexation guideline policies with
the City of Fayetteville, which Planning staff found to be the case and
therefore, recommended approval. For those reasons the applicant
requests approval of the annexation. I will address the rezoning when it is
considered. At this time we respectfully request approval of the
annexation.
Ostner: Thank you Mr. McCord. At this time I will open it up to the public.
Would anyone like to speak to this annexation issue? Seeing none, I will
close it to the public and bring it back to the Commission.
Anthes: I just want to reference comments I made five hours ago for the
Tipton/Sloan property. I don't find for environmentally sensitive areas,
nor do I find that development pressure is great in this area and those other
comments that I said earlier.
Graves: I would do the same. There were a number of comments that I made
numerating the reasons that I believed this fit the guiding policies under
the city's annexation policy with regard to the Tipton/Sloan property.
Those would be equally applicable as far as I'm concerned with this
particular parcel.
MOTION:
Shackelford: I concur and will not repeat all of my conversation either that we have had
on several of these but I think the points and conversation that we had on
the Tipton/Sloan property applies to this property as well. Based on that, I
am going to make a motion that we recommend for approval ANX 04-
1090 to City Council.
Vaught: I will second.
Ostner: Is there further discussion on the annexation proposal? Renee?
Planning Commission • •
Jame 28, 2004
Page 99
Roll Call: Upon the completion of roll call the motion to recommend approval of
ANX 04-1090 to the City Council was approved by a vote of 7-2-0 with
Commissioners Anthes and Ostner voting no.
Ostner: The tandem item is RZN 04-1091 for Hays.
McCord: Regarding the rezoning, Jeremy referred to some errors in the number of
acres that 1 understand have been corrected. Just for the sake of clarity,
the total acreage being requested with this rezoning is 49.40 acres. That
includes 12.10 acres on the north side of Persimmon which is already in
the City of Fayetteville. Regarding the density, RSF-4 is requested. From
a practical standpoint by the time that the streets are put in and the utility
setbacks only about three or slightly under three units per acre can be
constructed. Also, there are two houses currently on the site and there are
3.47 acres that are the other four applicant's. There will be a little over 40
acres that can be developed and so the actual number of units that could be
built with the RSF-4 density is a little over 120. That would be the true
density. Again, city staff found that the requested rezoning is consistent
with the General Plan 2020 and it conforms to the growth in the area. For
those reasons, the applicant would respectfully request RSF zoning be
recommended at this time.
Ostner: Thank you Mr. McCord. I will open it up to the public again for RZN 04-
1091. Seeing none, I will close it to the public and bring it back to the
Commission.
MOTION:
Vaught: I would say in general I agree with this. One thing I will say is that at the
time of development this is a larger project to impact 541h as well as the
possibility of Tipton/Sloan and there are going to be some offsite
improvements that are definitely warranted, or will be provided by this
project and the density I think will help support those. It is in line with the
areas around it. I will make a motion to approve RZN 04-1091 and
recommend approval by the City Council.
Trumbo: Second.
Ostner: I am going to vote against this because I believe it is too far out and I
believe zoning is an issue of how much and when. I believe that there is a
lot of land closer to town that we've recently annexed tonight that satisfies
our demand.
Vaught: I do have one question for
staff. I guess this is at
the time
of development
but we just required some
improvements to 54`'.
What I'm
going to hate
to see is improvements made
and then ripped up
and new improvements
Planning Commission • •
June 28, 2004
Page 100
made. Do we have some kind of coordination? If these developments
come through in time before those improvements are made do we have
some coordination process for the two developers? On 541h we approved
some offsite improvements, how does that work, just for my knowledge?
Warrick: If the timing could be coordinated it would require that a Preliminary Plat,
which you approved earlier tonight be amended. It could happen if we
were able to determine that the timing was appropriate and that in fact, the
improvements would be duplicated or one would have to be destroyed to
install the other improvements. We certainly wouldn't want to see that
happen. We don't want to see developers throw money away. When we
are looking for infrastructure improvements we need to see those
improvements on the ground so that they are there to provide benefit to the
public. That is something that we certainly would look at. It really
depends on timing as to how we are able to coordinate the two projects.
Ostner: Is there further discussion?
Allen: I just want to ask Mr. McCord why if you are anticipating that you will not
be needing the RSF-4 and are going to be using RSF-3 then why would
you request that?
McCord: RSF-4 is
needed to permit the density we expect.
RSF-2 would limit
you
to 2 and
there is not an RSF-3. We have not seen the final figures from
the engineer on what the actual density will turn
out being. We think
it is
going to
be around three units per acre. RSF-4
is where we need to
be,
knowing
full well it is probably going to wind
up about three units
per
acre because of the streets and all of that.
Ostner: Is there any further discussion?
Clark: Just cross apply everything that I said about zoning earlier. I am not going
to support this until I have more information.
Allen: I have the same concern.
Ostner: Renee, can you call the roll please?
Roll Call: Upon the completion of roll call the motion to recommend approval of
RZN 04-1091 by the City Council was approved by a vote of 5-4-0 with
Commissioners Anthes, Clark, Allen and Ostner voting no.
Thomas: The motion carries by a vote of five to four.
STAFF REVOW FORM - NON -FINANCIAL OBLATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: July 20, 2004
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
ANX 04-1090: (Hays, pp 475) was submitted by James McCord, Attorney on behalf of Hays Family
Development, LLP for property located west of 54th Avenue, adjoining the extension of Persimmon Street
containing approximately 37.30 acres. The request is to annex the subject property into the City of
Fayetteville.
STAFF RECOMMENDATION
Department Director
Finance & Internal Services Dir.
Approval.
7 d
ate
/V1a
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
�? �04 Orig. Contract Number:
Date
i New Item:
Date
I ' -\
Dat
Yes No
a
•JAMES N. McCORD e.Ia • Al�X. oy_ \0�10
Attorney at taw
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE(479)695-1134 RZ� dy lock\
FACSIMLE (479) 695-1135
jimmccordlaw@alltel.net
To: Fayetteville City Council
From: James N. McCord A
Attorney for HaysFaamily Development, LLLP et al. ("Applicants")
Date: July 14, 2004
Re: Annexation and Rsf-4 rezoning of property adjoining extension of
Persimmon St reflected on Fayetteville Master Street Plan
(ANX 04-1090; RZN 04-1091)
SUMMARY OF FACTS SUPPORTING
ANNEXATION AND Rsf-4 REZONING
(Detailed memorandum attached)
(1) City Planning Staff and the Fayetteville Planning Commission recommend
approval of the annexation and Rsf4 rezoning.
(2) The annexation is consistent with the City's Annexation Guiding Policies.
(3) Future Fire Station No. 7 will be located 1.97 miles from the property and can
Provide emergency response to the property in approximately 4-6.5 minutes.
(4) The Fayetteville Police Department is of the opinion that annexation and Rsf-4
zoning (a) will not undesirably increase the load on police services, and (b)
will not create an appreciable increase in traffic danger and congestion in the area.
(5) Adequate water and sewer lines are available to serve the property
(6) Rsf-4 zoning is compatible with the City Land Use Plan (General Plan 2020).
(7) Rsf-4 zoning is compatible with nearby properties in terms of land use.
(8) Rsf-4 zoning is justified by the demand for attainable housing in the area. A less
dense zoning classification would make development of a subdivision with
attainable housing economically unfeasible.
pc: Hon. Dan Coody, Mayor
Sondra Smith, City Clerk
J.B. Hays
•JAMES N. McCORD •
Attorney at Law
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimmccordlaw@alltel.net
To: Fayetteville City Council
From: James N. McCord AV
Attorney for Hays amily Development, LLLP et al. ("Applicants")
Date: July 14, 2004
Re: Annexation and Rsf-4 rezoning of property adjoining extension of
Persimmon St reflected on Fayetteville Master Street Plan
(ANX 04-1090; RZN 04-1091)
ANNEXATION
Applicants are requesting annexation of 37.30 acres located at the southwest
corner of the intersection of 54 Avenue. and Persimmon Street. The property lies south
of the westerly extension of Persimmon Street reflected on the Fayetteville Master Street
Plan. (See attached vicinity map.)
Facts supporting annexation are:
(1) City Planning Staff recommends approval of the annexation;
(2) The Fayetteville Planning Commission recommends approval
of the annexation;
(3) The annexation is consistent with the City's Annexation Guiding
Policies -
(a) Annexation will not create an island or peninsula of
unincorporated property;
(b) The property is contiguous to the city limits;
(c) The area will not divide a subdivision or neighborhood;
(d) The proposed boundaries follow property lines;
(e) Public services can be provided efficiently to the area-
(i) Future Fire Station will be located 1.97 miles from the
property and can provide emergency services to the
property in approximately 4-6.5 minutes;
(ii) The Fayetteville Police Department is of the opinion that
the annexation will not undesirably increase the load on
police services or create an appreciable increase in traffic
danger and congestion in the area.
(f) The area is currently served by utilities-
(i) An 8" water line is available to the property from 5e Ave.;
(ii) A 6" sewer line runs along 54m Ave. north of the property
and can be extended by the developer when development
occurs. (The recent city-wide wastewater capacity study
does not conclude that development in this area should be
be put on hold. When development of this property is
proposed, the capacity of the Own Creek lift station will
be examined.)
(g) The property is a larger annexation with reasonable
boundaries avoiding the creation of islands or peninsulas.
Applicants request rezoning from R-A to Rsf-4 for the 37.30 acres proposed for
annexation plus an adjoining 12.10 acres to the north which is already within the city
limits and is owned by Hays Family Development, LL.LP. (See attached vicinity map.) Of
the total 49.4 acres, the property owned by Hays entities (45.93 acres) is proposed for
development. A single family residential subdivision compatible with the area is
proposed. Rsf-4 zoning allows 4 single family dwellings per acre, but the actual density
for the 45.93 acres can only be approximately 2.8 units per acre, because of the land area
required for streets and utilities (45.93 acres x 2.8 units per acre = 128 total units. Two
existing houses are on the property.)
Facts supporting Rsf-4 zoning are:
(1) City Planning Staff recommends approval of the rezoning;
(2) The Fayetteville Planning Commission recommends approval of
the rezoning;
(3) The City Land Use Plan (General Plan 2020) designates this area for
residential use. Rsf-4 zoning is compatible with this designation;
(3) Rsf-4 zoning is compatible with nearby properties in terms of land use.
Subdivisions with Rsf-4 zoning have been, and are being, developed in
the area;
(4) Rsf-4 zoning is justified by the demand for attainable housing in
the area. A less dense zoning classification would make the
development of a subdivision with attainable housing economically
unfeasible;
(5) An 8" water line is available to the property from 54's Ave and a 6"
sewer line along 54th Ave can be extended to the property by the
developer;
(6) The Fayetteville Police Department is of the opinion that Rsf4 zoning
will not undesirably increase the load on police services or create an
appreciable increase in traffic danger and congestion in the area. A
traffic signal has been installed at the intersection of Wedington Drive
and Rupple Road.
(7) Future Fire Station No. 7 will be located 1.97 miles from the property
and can provide emergency services to the property in approximately
4-6.5 minutes.
(8) At the time of development, the developer will construct Persimmon
St. to City standards through the property and may be required to
upgrade the adjoiniy County road. Cost -sharing by the developer for
improvements to 54 Ave. may be considered.
CONCLUSION
For the above reasons, Applicants
respectfully
request the Fayetteville
City
Council to annex their 37.30 acres and
to
rezone their
49.4 acres from R-A to
Rsf4.
pc: Hon. Dan Coody, Mayor
Sondra Smith, City Clerk
J.B. Hays
I i N
W E
S
PROPERTY OWNERS:
MASON W. 8 LARISSA E. NALL
1826 CROSSOVER RD. SUITE I
FAYETTEVILLE. AR. 72701
MARVIN G. 6 FRANCES A. HOUSTON
4268 WAGON WHEEL RD,
SPRINGDALE, AR. 72762
TRACY L. 8 HOLLY A. THOMAS
425 N. 54 rH AVE.
FAYETTEVILLE. AR. 72704
RANDALL G. 8 PEGGY J. LYNCH
P.O. BOX 124
FARMINGTON. AR. 727300
HAYS FAMILY DEV. LLP
HAYS FAMILY INVESTMENTS. LLP
2025 GREEN ACRES ROAD
FAYETTEVILLE, AR. 72703
• JAMES N. McCORD
Attorney at caw
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimmccordlaw@alttel.net
To: Fayetteville City Council
From: James N. McCord 9P*
Attorney for HaysTamily Development, LLLP et al. ("Applicants")
Date: July 14, 2004
Re: Annexation and Rsf-4 rezoning of property adjoining extension of
Persimmon St reflected on Fayetteville Master Street Plan
(ANX 04-1090; RZN 04-1091)
Bell
Aox. m-1no
b a i;L
Rzt) 64-10q\
SUMMARY OF FACTS SUPPORTING
ANNEXATION AND Rsf4 REZONING
(Detailed memorandum attached)
(1) City Planning Staff and the Fayetteville Planning Commission recommend
• approval of the annexation and Rsf4 rezoning.
(2) The annexation is consistent with the City's Annexation Guiding Policies.
(3) Future Fire Station No. 7 will he located 1.97 miles from the property and can
Provide emergency response to the property in approximately 4-6.5 minutes.
(4) The Fayetteville Police Department is of the opinion that annexation and Rsf4
zoning (a) will not undesirably increase the load on police services, and (b)
will not create an appreciable increase in traffic danger and congestion in the area.
(5) Adequate water and sewer lines are available to serve the property
(6) Rsf4 zoning is compatible with the City Land Use Plan (General Plan 2020).
(7) Rsf4 zoning is compatible with nearby properties in terms of land use.
(8) Rsf-4 zoning is justified by the demand for attainable housing in the area. A less
dense zoning classification would make development of a subdivision with
attainable housing economically unfeasible.
pc: Hon- Dan Coody, Mayor
Sondra Smith, City Clerk
• J.B. Hays
JAMES N. McCORD
Attorney at Law •
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimmccordlaw@alltel.net
To: Fayetteville City Council
From: James N. McCord Qpv
Attomey for Hays amily Development, LLLP eta]. ("Applicants")
Date: July 14, 2004
Re: Annexation and Rsf-4 rezoning of property adjoining extension of
Persimmon St reflected on Fayetteville Master Street Plan
(ANX 04-1090; RZN 04-1091)
I:\�I�I�:I:VYCaLI
Applicants are requesting annexation of 37.30 acres located at the southwest •
comer of the intersection of 54 Avenue. and Persimmon Street. The property lies south
of the westerly extension of Persimmon Street reflected on the Fayetteville Master Street
Plan. (See attached vicinity map.)
Facts supporting annexation are:
(1) City Planning Staff recommends approval of the annexation;
(2) The Fayetteville Planning Commission recommends approval
of the annexation;
(3) The annexation is consistent with the City's Annexation Guiding
Policies -
(a) Annexation will not create an island or peninsula of
unincorporated property;
(b) The property is contiguous to the city limits;
(c) The area will not divide a subdivision or neighborhood;
(d) The proposed boundaries follow property lines ;
0
•
(e) Public services can be provided efficiently to the area-
(i) Future Fire Station will be located 1.97 miles from the
property and can provide emergency services to the
property in approximately 4-6.5 minutes;
(ii) The Fayetteville Police Department is of the opinion that
the annexation will not undesirably increase the load on
o
police services or create an appreciable increase in traffic
danger and congestion in the area.
(f) The area is currently served by utilities-
(i) An 8" water line is available to the property from 54th Ave.;
(ii) A 6" sewer line runs along 50 Ave. north of the property
and can be extended by the developer when development
occurs. (The recent city-wide wastewater capacity study
does not conclude that development in this area should be
be put on hold. When development of this property is
proposed, the capacity of the Own Creek lift station will
be examined.)
(g) The.property. is a larger annexation with reasonable
boundaries avoiding the creation of islands or peninsulas.
REZONING
Applicants request rezoning from R A to Rsf-4 for the 37.30 acres proposed for
annexation plus an adjoining 12.10 acres to the north which is already within the city
limits and is owned by Hays Family Development, LLLP. (See attached vicinity map.) Of
the total 49.4 acres, the property owned by Hays entities (45.93 acres) is proposed for
development. A single family residential subdivision compatible with the area is
proposed. Rsf4 zoning allows 4 single family dwellings per acre, but the actual density
for the 45.93 acres can only be approximately 2.8 units per acre, because of the land area
required for streets and utilities (45.93 acres x 2.8 units per acre =128 total units. Two
existing houses are on the property.)
Facts supporting R04 zoning are:
(1) City Planning Staff recommends approval of the rezoning;
(2) The Fayetteville Planning Commission recommends approval of
the rezoning;
I
(3) The City Land Use Plan (General Plan 2020) designates this area for
residential use. Rsf-4 zoning is compatible with this designation;
(3) Rsf-4 zoning is compatible with nearby properties in terms of land use.
Subdivisions with Rsf-4 zoning have been, and are being, developed in
the area;
(4) Rsf4 zoning is justified by the demand for attainable housing in
the area. A less dense zoning classification would make the
development of a subdivision with attainable housing economically
unfeasible;
(5) An 8" water line is available to the property from 54t° Ave and a 6"
sewer line along 50 Ave can be extended to the property by the
developer;
(6) The Fayetteville Police Department is of the opinion that Rsf-4 zoning
will not undesirably increase the load on police services or create an
appreciable increase in traffic danger and congestion in the area. A
traffic signal has been installed at the intersection of Wedington Drive
and Rupple Road.
(7) Future Fire Station No. 7 will be located 1.97 miles from the property •
and can provide emergency services to the property in approximately
4-6.5 minutes.
(8) At the time of development, the developer will construct Persimmon
St. to City standards through the property and may be required to
upgrade the adjoinin� County road. Cost -sharing by the developer for
improvements to 54 Ave. may be considered.
CONCLUSION
For the above reasons, Applicants respectfully request the Fayetteville City
Council to annex their 37.30 acres and to rezone their 49.4 acres from R-A to Rsf-4.
pc: Hon. Dan Coody, Mayor
Sondra Smith, City Clerk
J.B. Hays
0
L
VICINITY MAP
�i
•
jN
W E
S
PROPERTY OWNERS
MASON W. 8 LARISSA E. NALL
1826 CROSSOVER RD. SUITE I
FAYETTEVILLE. AR. 72701
MARVIN G. 8 FRANCES A. HOUSTON
4268 WAGON WHEEL RD.
SPRINGDALE, AR. 7276Z
TRACY L. 8 HOLLY A. THOMAS
425 N. 54 rH AVE.
FAYETTEVILLE. AR. 72704
RANDALL G. 8 PEGGY J. LYNCH
P.O. BOX 124
FARMINGTON, AR. 72730'
HAYS FAMILY OEV. LLP
HAYS FAMILY INVESTMENTS, LLP
2025 GREEN ACRES .ROAD
FAYETTEVILLE, AR. 72703
LEGACY POIN=E PHASE i
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JORGENSEN & ASSOCIATES
CIVIL IINO1NEERS • SURVEYOR!
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
LEGACY POINTE PHASE 3
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AYODUT 1
m
ORDINANCE NO,
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY OWNED BY HAYS FAMILY DEVELOPMENT,
LLP LOCATED WEST OF 54' AVENUE ADJOINING THE
EXTENSION OF WEST PERSIMMON STREET CONTAINING
APPROXIMATELY 37.30 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 170' day of August, 2004.
APPROVED:
By:
DAN ODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT 6'A"
RZN 04-1091
PART OF THE NW %4, NW %4 AND PART OF THE NE %4, NW '/4 OF SECTION 14, T16N,
R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW Y4, NW %4 THENCE
N89059'l l"E 995.13 FEET TO THE P.O.B., THENCE N8905951119E 665.91 FEET, THENCE
S88026'17"E 165.07 FEET, THENCE S890555172E 825.00 FEET, THENCE SOUTH 904.23
FEET, THENCE WEST 835.88 FEET, THENCE S00041' 19"W 146.47 FEET, THENCE
N8904921215W 825.49 FEET, THENCE N0002Y31"E 1053.60 FEET TO THE P.O.B.
CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND EASEMENTS OF
RECORD.
EXHIBIT "A"
RZN 04-1091
PART OF THE NW %4, NW '/4 AND PART OF THE NE'/4, NW '/4 OF SECTION 14, T 16N,
R31 W IN WASHINGTON COUNTY ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW '/4, NW '/4 THENCE
N890591179E 995.13 FEET TO THE P.O.B., THENCE N89059111"E 665.91 FEET,
THENCE S88026317"E 165.07 FEET, THENCE S89055217"E 825.00 FEET, THENCE
SOUTH 904.23 FEET, THENCE WEST 835.88 FEET, THENCE S0004119"W 146.47
FEET, THENCE N89049' 12"W 825.49 FEET, THENCE N0002Y31 "E 1053.60 FEET TO
THE P.O.B, CONTAINING 37.30 ACRES, MORE OR LESS, SUBJECT TO R/W AND
EASEMENTS OF RECORD.
And
PART OF THE SW 'h, SW ]AAND PART OF THE SE V4, SW 'h ALL IN SECTION I1,
T16N, R31 W IN WASHINGTON COUNTY ARKANAS AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SW'/4, SW %4 THENCE
N89059' 11 "E 995.13 FEET TO THE P.O.B., THENCE N00023'31 "E 817.95 FEET,
THENCE EAST 331.47 FEET, THENCE S00005' 10"E 47.93 FEET, THENCE
S89058104"E 330.03 FEET, THENCE S000052375W 769.66 FEET, THENCE
S89059211"W 665.91 FEET TO THE P.O.B., CONTAINING 12.1 ACRES MORE OR
LESS SUBJECT TO R/W AND EASEMENTS OF RECORD.
FAYETTEVILLI
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 23, 2004
Re: Ordinance No. 4606
Attached is a copy of the above ordinance �assed by the City Council, August 17, 2004, confirming the
annexation of property located west of 54 Avenue adjoining the extension of West Persimmon Street
containing 37.30 acres and owned by the Hays Family Development, LLP.
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
AFFID
ir
• 0
PUBLICATION
I, , do solemnly swear that I am
Le al Clerk oft 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:
69 was inserted in the regular editions on
PO#
** Publication Charge: $ 169.1
Subscribed and sworn to before me this
a.4 day of u , 2004.
la /
Notary•
My Commission Expires: 07%410/3
** Please do not pay from Affidavit.
An invoice will be sent.
=Public-Arkansas
al
L ARGO
rkansasCOUNTYMes 07-25.2013
ORDINANCE CONFIRMING THE ANNEXATION i0 THE ���
y OF ORDINANCE
C I CONFIRM
MNOARKATHE OF CERTAIN PROP-
Y OWNED By HAYS FAMILY DEVELOPMENT LLP
:ATED WEST OF 54TH AVENUE ADJOINING THE
ENSION OF WEST PERSIMMON STREET CONTAINING
'ROXIMATELY 37.30 ACRES
R ORDAINED By THE CITY COUNCIL OF THE CT OP PlInM YILLB, ARKANSAS:
:tlan 1: That the City Coundl hereby CCnfimis the annexation to the City of FeyelteMla, Arkansas, of
Property described in Obbit °A' ataclletl hereto anq made a part heraof.
Dion 2: The offiCial map of the tatty of FayerceNue. Arksrvsas, is hereby emended to iellW the change
Ned In Section 1 above.
bon 3: That the ofridal zoning map of the City of Fayettode, Arkansas Is Wraby'amended to assign
zoning designation of R-A, Residential Agricultural to the subject property.
tion 4: That Me above-descnbed property ie hereby assigned to Ward No, Four
NiEO and APPROVED this 17th day of August, 2004.
OF THE NW
SOUTH
DMIBR'A'
RZN N-1091
1/4 AND PART OF THE NE 114. NW 1/4 OF SECTION
KANSAS AND BEING DESCRIBED AS FOLLOWS: GO
1/4. NW 1/4 THENCE N89.59'11'E 995.13 FEET TO T
THENCE SBW26'17'E 165.07 FEET, THENCE S89059
-ET, THENCE WEST M.88 FEET THENCE S00°41'
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
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
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
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
4606
CC-2004-5
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,
4anna Godley
Election Services Representative
RECEIVED
SEP 2 0 2004
CITY OF FAY ETTL-'u,__E
CITY CLERICS 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
