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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 O g p �p.z T S rn c� m W W n cn C.>m�. C7 0 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 x O � q i ;1l CA (J' >;- Tn •y to O f^ C� Ca rn rn rn ca �7 �a 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� • r� 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 N N N N N Z N N Z N Z Z Z Z Z Z X Z Z X Z X A A A A A A A A A A A m 3 o 0 0 0 0 0000 omco co aum A W N S O t0 B O A W J y O m N Q U V y 0 m m 0 co a) 0 O �'. J W y' `< J J ? 0 p� m y 0 0 0 �^ 0 » y J J— J J O m J. O C O J J T Y1 m c m J W y < D m � _T m m v 0 m m w a t00 W A w CO) m T T T T T n z C C C C C T O T T T C T c C y m m cnm tn(nrn m tnm m m �^ v � -n cn fn A fn N N 0 T m W N V V V m < CD O N W O O W A j O T O io W' W J mW W W y 3 3 3. 3. 3 3 3. 3. 3. 3 3 m -'mm-- mmm m y y y y y y y y y N 3 N O � (n Oo W 00 W ut A G A 7 3 3 3 3 3. 3 43 3 3. c 0 A J - 3.> — J m m m c c c c c c 5 c c mmmmm mcm m m y y y y y N y y m m y ` 3 'O J m n N U1 N 3'3 U1 N OI Ut m» mw m 3 �- 3. 3 am 9a o m m y 9 .0 O) O) N ..:.. m m m m :f m m CD m m O a m O b '"mrnLv w ow m mm'y° m 3 0 N N N '.. m 3 F m N N �� D o w rn w m "0 :; .. m •� `2 �' n mmm' a N momi d 0 3 F m$ m n l 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 oil 0 _ F F ¢PAy m_� 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: Z d Ol86tZ61£9'ON/Z9 9l'1S/59 5l 600Z 9Z 93JOH1) 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 Ask N W E S 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. E. Nall Y--Y-03 9 d 01PLZW9 'ON/d5:91 4iS/9S: S 1 6OR 9Z 83WHi) 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 11780 m x x -I n n y A z G z y 2 �mmrn� 2'n co N rn z n cl y %0 A y crnl C 2 rn �u=NT n(n -y o rn G A O O ; Om ? 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A CCnrr n TUC SCALE: l'_200' 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 s t k RA RS 14 RA +;--JRA lii IRT RA J Rd F--, W4 .. l j RSFJ 4 RYA,__ Y '3.�.".•�v t..y#.:c?kis":'.5 Rom*SIB ECTP I ty RA a r-- RA & 1 b < " '�� tab '' �" :4'�,r'�'asr. __ � r '#•� 04, `� lt�% q(r w trig--'K ' u' i :_ Y 'i c � i ti'• 5-,' -'� , -� e D YC , �a d 6 � c L �'� ' •, t A �.t' F'i. ,{ P .� t fj n # _ M � f Y,, � Y p �fl+� I # .•��. ! � Overview- Legend - --; Subject Property CMaster street Plan __---- ANx04-1090 Boundary '" Gi F�syfesneseway Rk Stela-o Planning Area 4NiiPnew CPono$►Mhwr Medal _ ��� �aPw ° 00006 Overlay District Outside City 0000 lgswncca0ectn 0 0.1 0.2 0.4 0.6 0. �tliles 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 I I ! - I - igi iFl I l i i ; i i 1 l i 1 I 8 i I i i I = 1 __ _J — L i r -- I i i — L_ 1 li i a a T a : �\ JORGENSEN & ASSOCIATES CIVIL IINO1NEERS • SURVEYOR! e JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS LEGACY POINTE PHASE 3 - %-r ----------- - - - - axIF I i - ----------- r- : ; I r i i I ' i l vas � I 1' i s • s s l I e 8 e —- _ s- -- ---- - 7 r ------ ------" -- _ _ — e 1 I ' 1 r _-_- _-_-_-_- —....1 i 1 . 1 w ' 1 I II j -- --- --j e, L 1 i \ r , I \ \ i • r r . . \ V 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