HomeMy WebLinkAboutOrdinance 4631I11111�1111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded: 12Doe ID: %03/20040atr11:23:57 AM
Fee Amt: "'.00 Pao
e 1 of 2
Mashlnoton Countv, AR
Bette Stamps Circuit Clerk
F11e2004-00049490
ORDINANCE NO. 4 6 31
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY LOCATED AT 5512 GEORGE ANDERSON ROAD
CONTAINING APPROXIMATELY 2.68 ACRES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part
hereof.
Section 2: The official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above -described property is hereby assigned to Ward No. Three.
PASSED and APPROVED this I't day of November, 2004.
APPROVED:
By:
, Mayor
ATTEST: ,�`c��•{yip' ;G
$
By = ;FAYETTEVILLE;
SO DRA SMITH, City Clerk , • :;
EXHIBIT "A"
ANX 04-1212
A PART OF THE NORTHEAST QUARTER (NE '/4) OF THE NORTHEAST QUARTER (NE
'/4) OF SECTION NINETEEN (19); TOWNSHIP SEVENTEEN NORTH (17) RANGE
TWENTY-NINE (29) WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT:
FROM A FOUND IRON PIN BEING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER (NE '/4) OF THE NORTHEAST QUARTER (NE '/4) OF SAID SECTION
NINETEEN (19); THENCE NORTH 00°18'57" WEST - 205.68 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 89'01'36" WEST - 429.91 FEET; THENCE NORTH
O1034141" EAST - 272.45 FEET; THENCE SOUTH 89°30'01" EAST - 420.84 FEET;
THENCE SOUTH 00018157" EAST - 275.98 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 2.68 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS
AND/OR RIGHTS -OF -WAY OF RECORD IF ANY.
Washington County, AR
I certify this instrument was filed on
12/03/2004 11:23:57 AM
and recorded in Real Estate
File Number 2004.00049490
e Stamps -Circuit Clerk
b
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
FILED
'04 JUL 9 RM 1115
IN THE MATTER OF: ""'I COM'S PRITCHt,11D
ANNEXING TO THE CITY OF FAYETTEVILLE, GO. d PROBATE CLERK
ARKANSAS, CERTAIN LANDS CONTIGUOUS WAZ!!I:;:TO:!CO. ARK,
TO SAID CITY OF FAYETTEVILLE* WASHINGTON COUNTY,
ARKANSAS Case No. CC 2004�
C.RAIG HARPER and KARYN HARPER,
Husband and Wife and
YANCEY BOWEN and GINGER BOWEN$
Husband and Wife PETITIONERS
PETITION FOR ANNEXATION
Come now, CRAIG HARPER and KARYN HARPER, husband and wife, and YANCEY
BOWEN and GINGER BOWEN, husband and wife, Petitioners, and for their Petition for
Annexation state as follows:
I. Petitioners, YANCEY BOWEN and GINGER BOWEN, husband and wife, are
the sole record owners of the following described property situated in Washington County,
Arkansas, to -wit:
A part of the Northeast Quarter (NE'h) of the Northeast Quarter (NE
%) of Section Nineteen (19). Township Seventeen North (17) Range
Twcnty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as
follows, to -wit:
From a found iron pin being the Southeast Comer of the Northeast
Quarter (NE '/4) of the Northeast Quarter (NE '/4) of said Section
Nineteen (19);thence North 00°18'57" West — 205.68 feet to the
POINT OF BEGINNING; thence North 89"01'36" West — 429.91
feet; thence North 01°34'41" East — 272.45 feel; thence South
89°30'01" East — 420.84 feet; thence South 00°18'S7" East— 275.98
feet to the POINT OF BEGINNING, and containing 2.68 acres,
more or less, and subject to any easements and/or rights -of -way of
record, if any.
Page 1 of Pages
l d 6999U 9199'aN/1Z:6 '1S/ZZ:6 900Z 9Z ddWHO wod�
2. Said property is depicted on the Plat of Survey dated December 2, 2002, prepared by
Blew Land Surveying, a copy of which is attached hereto as Exhibit "A" and made a part hereof by
reference.
3. Petitioners, CRAIG HARPER and KARYN HARPER, Husband and Wife, are
purchasing the real property owned by YANCEY BOWEN and GINGER BOWEN, husband and
wife.
4. All of the above -described property is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas.
5. Awe and correct copy of the Vicinity Map of the above -described property is
attached hereto as a part of Exhibit'B" and made a part hereof by reference.
6. The above -described property is suitable for annexation to the City of Fayetteville,
Arkansas, and is necessary for the proper growth, prosperity and management of the above -
described property and the City of Fayetteville, Arkansas.
7. Pursuant to Arkansas Code Annotated §14-40-601 et seq, this Court has jurisdiction
over the subject matter herein, and Petitioners request that the above -described property be annexed
to the City of Fayetteville, Arkansas.
8. Petitioners further state that the law firm of Harrington, Miller, Neihouse & Kieklak,
P.A., Springdale,
Arkansas, is
authorized to act
for and on behalf of the
Petitioners in
all matters
connected with
this Petition
and subsequent
hearings or annexation
proceedings
connected
therewith.
9. Petitioners request that this Court set a date for hearing this Petition, not less than
thirty (30) days after the dale of the filing of this Petition, pursuant to Arkansas law.
WHEREFORE, Petitioners pray that the above -described property be annexed to the City of
Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a
(tearing thereon as required by law; and that this Court, by its Order, fix a time and place for said
hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to
P9ge 2 of 4 Pages
Z d 6999619189'0N/lZ 6 '18/ZZ 6 900Z 8Z 8dV(OH1) W0d1
E
I
which Petitioncrs may be entitled.
CRAIG HARPER and KARYN HARPER,
Husband and Wife, and
YANCEY BOWEN and GINGER BOWEN.
Petitioners
HARRINGTON, MILLER, NEIHOUSE
& KIEKLAK
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(479)751-6464
Attorneys for Petitioncrs
By: (iT
Michele A. Harrington
Arkansas Bar No. 85217
VERIFICATION
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
We, YANCEY BOWEN and GINGER BOWEN, Husband and Wife, and CRAIG
HARPER and KARYN HARPER, husband and wife, Petitioncrs hcrcin, hcrcby state under oath
that we have read the above and foregoing Petition for Annexation, and that the facts and
ect to the bes of our k o ledge and bclicf.
CRAIG ORPER
rnH
Page 3 of 4 Pages
8 d 69S9619189'0N/tZ:6 '1S/ZZ:6 SOOZ 8Z ddV(OHI)
al
S SCRIBED AND SWORN to before me, a Notary Public, this jX,'�6 day of
2004,
My Commission Expires:
LINDA D. MAESTRI Notary Public
NOTARY PUBLIC
PSM
MY comiu lout KMR96 91.1444I2
CERTIFICATE OF SERVICE
1, Michele A. Harrington, attorney for petitioners herein, hereby certify that I have served a
true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by
placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing address in
Fayetteville, Arkansas, this the �/ day of ve7 , 2004.
Michele A. Harrington
Page 4 of 4 Pages
6 d 69996l918940N/1d:6 41S/11:6 9001 8l 8dtl(nHl)
FILED
IN THE COUNTY COURT OF WASHINGTON COUIO To"'Wrl, 10 1 �
KARi";I COMAS ,eRITC11APt
c0. a PROBATE CLERK
IN THE MATTER OF: N S F! I •'; T n r
ANNEXATION OF CERTAIN LANDS TO THE 1 �0• ARK,
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-27
DECREE OF ANNEXATION
Now on this day of 2004, this cause comes on to be heard, the
Petitioners, Petitioners, Craig Harpe and Karyn Harper, husband and wife, and Yancey
Bowen and Ginger Bowen, husband and wife, through their attorney, Michele A. Harrington
of Harrington, Miller, Neihouse & Kieklak, P.A.,.of. Springdale, Arkansas, announcing ready
for a hearing of the cause and there being no protests or objections filed, whereupon, the matter
is submitted to the Court upon the verified petition filed herein, and any oral and documentary
evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth
hereby find, judge and decree as follows:
1. The Petition in this cause was filed on July 9, 2004, at which time this Court
fixed Monday, August 16, 2004, at 10:00 a.m., as the date and time of hearing for said cause,
and that a full thirty (30) days has passed since the filing of the Petition, and this Court has
jurisdiction of the persons and subject matter of this cause of action, and venue is proper herein.
2. The Petition filed herein named Harrington, Miller, Neihouse & Kieklak, P.A. to
act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all
matters connected with the Petition, as well the required notices, and this and any other hearings
or annexation proceedings connected therewith.
3. Harrington, Miller, Neihouse & Kieklak, P.A. has given Notice of hearing on the
Petition as required by law, and the proof of publication of said notice is now on file with the
Clerk of this Court.
4.
The Court is satisfied that the
allegations
of the Petition filed
herein are sustained
by the proof,
and that a majority of the total
number of
real estate owners in
the area affected by
cv�- �a ?
Page 1 of 3 Pages
9 d 69996191896aN/IZ_6 '1S/N 6 HOZ 8Z ddV(OH1)
WOd4
--.
r-<
this Petition have signed said Petition, and that such majority owns more than ore -half (1/2) of
the acreage affected.
S. The land and territory sought to be annexed to the City of Fayetteville.
Washington County, Arkansas, in this cause is described as follows:
A part of the Northeast Quarter (NE 'A of the Northeast Quarter
(NE 14 of Section Nineteen (19); Township Seventeen North (17)
Range Twenty -trine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described
as follows, to -wit:
From a found iron pin being the Southeast Corner of the Northeast
Quarter (NE 'A of the Northeast Quarter (NE 'A of said Section
Nineteen (19). thence North 00018'57" West - 205.68 feet to the
POINT OF BEGINNING; thence North 89001'36" West -
429.91 feet; thence North 01034'41" East - 272.45 feet; thence
South 89030'01" East - 420.84 feet; thence South W18'57" East
- 275.98 feet to the POINT OF BEGINNING, and containing
2.68 acres, more or less, and subject to any easements and/or
rights -of -way of record, if any.
and, the same is accurately described in the Petition filed herein.
6. Attached to and made a part of said Petition is an accurate Vicinity Map of the
above -described property that is sought to be annexed to the City of Fayetteville, Arkansas.
7. The above -described property owned by the Petitioners, Yancey Bowen and
Ginger Bowen, husband and wife, and being purchased by Petitioners, Craig Harper and Karyn
Harper, Husband and Wife, is adjacent and contiguous to the present city boundary line for the
City of Fayetteville, Washington County, Arkansas.
8. The above-dcscribed property is contiguous and adjacent to and adjoins the
present boundaries of the City of Fayetteville, and this territory should be annexed to and made a
part of the City of Fayetteville, Arkansas.
9. The prayer of the Petition filed herein is right and proper and should be granted.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Act No. I of the acts of the Legislature of
W'k. - �a
9 d 69HU9199'0N/1Z 6 '1S/£Z 6 900Z 9Z UWHU
wodi
1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of
the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et scq.
IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original
papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to
be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after
properly recording and filing the original papers, is directed to prepare certified transcripts of the
same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas,
one copy to the Secretary of State, and one copy to the Director of the Tax Division of the
Arkansas Public Service Commission.
E Yj TON, Co utd Judge
UVdC�, r 3b
Page 3 of 3 Pages
L d 69S96L918940N/ll 6 '18/8l 6 SOOd 8l M ORI)
NOd3
FROM (THU)DFC 16 2004 11:51/S: 1:51/No.6ai6796303 P 2
Sandra _L.-Mochstener ARKANSAS- ,_, T•e a*+,y
chairman PUBUC SERVICE COMMISSION - d
P
(sct)662-t455 TAX DIVISION
Daryl E. Raasetc 1000 Center Street
Commiasmner P:O. Box 8021
(501)682-1453 Little Rock, Arkansas 72203-8021
Phone (501) 682-1231 Fax (501) 882-8043 Sarah M. Bradshaw
Randy eynixn E-mail: tax(dtosc.state.acus Direc er
Commissioner (501) 682-1231
(501)682-1451
J: �a
December 14, 2004 n o m
zF": o
o ?� m
Ms. Shirley Siown -� >
Washington County Deputy Clerk r^
3 c
280 North College Avenue, State 300 0 " — r'
Fayetteville, AR 72701 o n
=
Re: Annexations
Dear Ms. Brown,
This is to acknowledge receipt of annexation(s) Case No. CC 2004-24 and CC 2004-27.
The information has been forwarded to the appropriate utilities:
Sincerely4
Kathy H es
Executive Secretary
FROM
J
(TUE)DEC 21 2004 10:48/8T.10:47/No.6816796313 P 3
0
2001 DEC 21 0n q- 70
Charlie Daniels
Secretary of State I.(4RE14 CONES PRtTOWrt
CO. & PROBATE CLER,t.
December 16, 2004 YVASHINGTON CO. A.R .
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Ave. Ste. 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
Stage of Arkansas
Secretary of State
nunnm a wmmmim xrvem%
elea lorli
682-5070
Oullong a Ground>
632-3e07
curnmi kAlw"A a rAl;catwn
G830057
State CJpltul P01ke
602.5173
Strsines• p0k.
6814032
Inform ion Technology
682.361 1
The Following Information has been.recorded and filed in the Office of the Secretary of State:
Date: 12/15/2004 County: Washington
Annexation:
Ordinance No. - 4631
Co. Order No. 2004-27
Plat - X
Election
Island =
Incorporation:
Ordinance No. _
Co. Order No.
Plat
Election
Census Information
Ist Class City
2nd Class City
Incorporated Town
City: Fayetteville
1 Have forwarded (his information to the Arkansas Municipal
League.
if ybu havc
any further
questions please do not hesitate to contact me at 1-800-482-1127
or
682-3452.
Sincerely, i.
cna Arnol
Election Services Rcpres ntative
Room 256 State Capitol a Little Bock. Arkansas 72201.1094
501.682d010 Fax 501.682.3310
e•mai6 nrsosessamall.state.arus 0 www.sos.arkansam.gov
6 a)
NAME OF FILE: Ordinance No. 4631
wlEx. A
CROSS REFERENCE:
Item # Date Document
1
10/11/04
memo to mayor & City Council
2
draft ordinance
3
memo to Planning Commission
4
copy of One Mile View
5
Staff Review Form
6
copy of Planning Commission minutes
7
memo to Dawn Warrick
6
Affidavit of Publication
9
fax from Shirley Brown, Wash. Co. Dep. Clerk
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
12/3/04 filed at Wash. Co. Circuit Clerk office
City Council Meetingwovember 02, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO �i✓Ysd-1o2���
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Directort<-�
From: Dawn T. Warrick, AICP, Zoning and Development Administratoty
Date: October 11, 2004 �"
Subject: Annexation for Harper/Bowen (ANX 04-1212)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Harper/Bowen.
This action will incorporate a 2.68-acre tract of land contiguous with the city limits into
the City of Fayetteville.
BACKGROUND
The subject property contains a 2.68-acre tract of land. The property is currently
developed as a single family residence. It is located east of George Anderson Rd, north
of Zion Rd. With the exception of property to the east, all surrounding property is within
the City of Fayetteville and zoned RSF-4. Copper Creek Subdivision Phase 11, an
approved preliminary plat currently under construction, envelopes the subject property
west of George Anderson Rd.
The applicant requested annexation of subject property into the City of Fayetteville. A
rezoning request has been submitted for this property. The applicant intends to develop a
single family residential subdivision within the City of Fayetteville.
Staff recommended approval of the proposed annexation. The incorporation of the
subject property is adjacent to the City limits will create an appropriate City boundary,
and the future development of single family residential is consistent with adjoining
developments.
This item was heard at the regular Planning Commission on October l 1, 2004. Due to
delayed notification, the Planning Commission voted 7-0-0 to table the request to the next
regular meeting on October 25, 2004. In order to prevent the applicant from being
delayed in the review process, staff forwarded this item to be heard by the City Council
on November 02, 2004 with Council materials to be supplemented to include final actions
by the Planning Commission.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY LOCATED AT 5512 GEORGE ANDERSON ROAD
CONTAINING APPROXIMATELY 2.68 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 I above.
Section 3. That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section
4.
That the above -described
property
is hereby assigned to Ward No. Three.
PASSED
AND APPROVED this
day of
2004..
APPROVED:
By:
ATTEST:
Sondra Smith, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
ANX 04-1212
A PART OF THE NORTHEAST QUARTER (NE '/4) OF THE NORTHEAST QUARTER (NE
/4) OF SECTION NINETEEN (19); TOWNSHIP SEVENTEEN NORTH (17) RANGE
TWENTY-NINE (29) WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT:
FROM A FOUND IRON PIN BEING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER (NE '/4) OF THE NORTHEAST QUARTER (NE '/4) OF SAID SECTION
NINETEEN (19); THENCE NORTH 00°18'57" WEST - 205.68 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 89'01'36" WEST - 429.91 FEET; THENCE NORTH
O1034541" EAST - 272.45. FEET; THENCE SOUTH 89°30'01" EAST - 420.84 FEET;
THENCE SOUTH 00018'57" EAST - 275.98 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 2.68 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS
AND/OR RIGHTS -OF -WAY OF RECORD IF ANY.
Taye ev`l An KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of October 11, 2004
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: October 05, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ANX 04-1212: Annexation (HARPERBOWEN, 100): Submitted by MICHELE, A
HARRINGTON for property located at 5512 GEORGE ANDERSON ROAD. The property is in
the Planning Area and contains approximately 2.68 acres. The request is to annex the subject
property into the City of Fayetteville.
Property Owner: CRAIG & KARYN HARPER Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report with the following condition(s):
NING COMMISSION ACTION: Required YES
O Approved O Denied
October 11, 2004 .
COUNCIL ACTION: Required YES
O Approved O Denied
Nobemben(112, 2004,(l ` reading if recommended)
BACKGROUND:
Property description: The subject property contains a 2.68-acre tract of land within the Planning
Area. The property is currently a developed as a single family residence. It is located east of
George Anderson Rd, north of Zion Rd. With the exception of property to the east, all
surrounding property is within the City of Fayetteville and zoned RSF-4. Copper Creek
Subdivision Phase II envelopes the subject property west of George Anderson Rd.
Proposal: The applicant proposes annexation of subject property into the City of Fayetteville. A
rezoning request has been submitted for this property.
K lReporaI2004NC Reporall0-11-0414NX 04-1212 (narpm-Bmven).dw
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits in all directions but east and is proposed to be developed for single
family residential use.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Vacant (Copper Creek
Ph.
II
RSF-4, Res.
Single
Family — 4 units per acre
under construction
South
Vacant (Copper Creek
Ph.
II
RSF-4, Res.
Single
Family — 4 units per acre
under construction
East
Single-family on large
lots
and
Washington
County (no zoning)
vacant fields
West
Vacant (Copper Creek
Ph.
II
RSF-4, Res.
Single
Family — 4 units per acre
under construction
INFRASTRUCTURE:
Streets: Currently the site has access to George Anderson Road. Portions of George
Anderson Road are currently under design by other local developers for an
upcoming construction project. At the time of development, this street will need
to be brought up to current standards along the property frontage. These
improvements will include pavement, curb and gutter, storm drainage and
sidewalks.
Surrounding Master Street Plan Streets:
North: Albright Rd. (no classification)
South: Zion Rd (collector)
East: George Anderson Rd. (collector)
West: Copper Creek Dr. (local)
Water: The site currently does not have access to public water. An off -site water main
extension will be required to serve this development. The nearest water main is an
8" main to the west in Copper Creek Subdivision.
Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main
extension will be required to serve this development. The nearest sewer main is an
8" main to the west in Copper Creek Subdivision.
Fire: The subject property is located 4.0 miles from the Fire Station #4. Response time
to the property is approximately 9-11 minutes and an projected 9-11 minutes
response time at maximum build -out.
Police: It is the opinion of the Fayetteville Police Department that this annexation and
rezoning will not substantially alter the population density and thereby
/ClReporul20041PCReporul10-11-04WN,7(04-1112 (Harpm-Ronen).do
undesirably increase the load on police services or create and appreciable increase
in traffic danger and congestion in the area.
NOTE: Individually, each of these annexations and rezonings do not necessarily
substantially alter the population density, nor do they create and appreciable
increase in traffic danger and congestion. The sum total presented over the years,
however, has had a substantial impact on the demand for police services and has
caused an appreciable increase in traffic congestion. Without the addition of
police patrol personnel, these areas may see a lack of traffic enforcement or may
experience situations where officers are delayed in answering many calls for
service because of call volume exceeds the number of officers available to
respond in a timely manner.
LAND USE PLAN: General Plan 2020 has no designation for this property. The property to the
south of this has been identified and zoned Residential.
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: The requested annexation will not create an island or peninsula. The City limits
currently encompasses the subject properly and a more uniform City boundary
will be created by annexation of the property.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding:
The proposed
annexation is adjacent
to the city limits to the north, south, and
west.
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.
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 9-11 minutes
for
fire
protection from the
Fire Station #4. The site
currently does
not
have access
K. IReporul20041PCReporn110-11-04WNX04-1111(Harpw-Bon'en).doc
to water and sewer services. At the time of development, water and sewer
mains shall be extended to the subject property.
ENVIRONMENTALLY SENSITIVE AREAS
11.6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: N/A
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports that this annexation 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. Emergency vehicles currently serve surrounding properties, and
projected response time to this property is 9-11 minutes at .maximum
development.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service shall be provided to this area with the same level of
responds and service as other developments in this area.
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 would be made necessary by the
annexation should additional development occur on the subject property.
11.6.1 Phased
annexation should be initiated
by the City
within active annexation areas
based on
planned service extensions or
availability
of services.
K Repora110041PC ReporallO-11-04WXX04-1211(Harpv-Bowen).d"
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
11.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R-A, Residential Agricultural. The
applicant is requesting to rezone to RSF-4, Residential single family, 4
units/acre. This zoning designation is compatible with the Residential
classification of the adjacent area on the City's adopted Future Land Use Plan.
11.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve this request.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. At the time the applicant
desires to development the property, the applicant will be required to submit
project plans for review and approval by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Due to delayed notification, Staff recommends this item be opened for
additional public comment at the regular Planning Commission meeting of
October 25, 2004.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation, while minimal in size, will create an acceptable western
boundary for the City of Fayetteville.
1 1.6.t Conduct a fiscal impact assessments on large annexations.
Finding: N/A
K:IRepora12004WC Reparu110-11-04L1NX 04-1212 (Harper-Bowen).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.
l 1.6.d Boundaries for annexed areas should follow natural corridors.
l 1.6.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.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training of
personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of
development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned
service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully. informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K. IReports120041PC Reports110-11-04W NX 04-1212 (Harpw-Bmren).doc
i 40
N�
E
�
b
u
w
u
o
O
b
U)
aw
c�aa
4
b
t
O
O
W
L
a
L
k,
U
vi
y
U
E
O
C
V
N
Q
N
T
z
z
aU�n`�at
E
b
A
°L'
E
a
N
N
E
N
N
F
o
E
E
E
E
c
;,
a
p
Q
N
a
o
u�
b
G
a�
w
N
w
v
aNi
E
E
E
E
E
E
N
E
b
M
L
(n
o
�
U
a
N
b
�
L
�p
Q
N
C
O
W
�
K
W
r
a
y
w
x
w
p
[F
z
z
z
z
z
O
O
.O
N
N
N
N
N
N
N
b
O
O
O
O
O
O
O
-
x
z
z
4
z
zZr
z
Overview
�z
z
SUBJECT PROPE
....................... �•
ei t_
i
gs ii€
........................................................................... .
...........................................................................
...........................................................................
r
�.
�7
Legend
,9eeeo
00080v lay Dm*cA +s®s PrkV0W Arlerlal — FLOODWAY
Master SVNIPMn Muw Andm 100YEAR
Master Svasl Plan CaoMa 500 YEAR
Fte aylEVP WaY • • • • Hislmk Ddleabr LIMIT OF STUDY
Baseline FMile
ANX04-1212
O Fayetteville
l� 0d city
0 75 M 300 450 600
Feet
l
ANX0H A R P E R/ B O W E N
One Milele View View
i'
j 1 ,
jo r I
R-0 a, IVEY 4o`_ I f
rI
-A 1 i�o d }� GUM LN r f I,
a
--T
nir
1 t i i R t �B4a.ennticNkb "� lis 014 ul ' p tr - I
I
f
RSFJ ft5F
R.A
-. TIRPM �.
ShJNEOft tl 1 IUn�I RSFJ t -
_ Z y y 4J L `!
FF o-- tt��
K AYETTEV/LL �R�`�� Fir 1 JA$PE(y LN �'_.__— --w� I # x 4-CN-4ER�spN
F' �y
�7� J asFJ SUBJECT PROPERTY 4.1
RA
k TUFT
r
—_ sItINE_biF IIINRii
.I
usNROU §
tIJ
opl o - asF� V!A` {rI ry ♦% ate'
NOAL Pl `m S
RO R-0! G7 -.I -_._I_ _-�_Iir. — II .._t L �. f �`9yRN �:. �I•.
II� CDIFZ� f V � - -f+M
RMF R A • 1, { �.. p _
i'.
1
24�1 R0 L,
I I RSFJ eJAN_
1 _
Z 1 R J R IR
R
•j t
= RSFJ i p�q� �` i - �p� I� °�✓r�
1 if
t�+ci- IVYCB RUB mrr.�t=4Lp wtR ap / 1, IPOg1i� M
RSFJ 4i'
R
C.t RA
R-0
a 1 DAVISf..: F
RA}RMF-2.IOt_ .0
Overview Legend
ElSubject Property Master Street Plan
r ME _- ANX04-1212 Boundary -j FreewaYrPresswaY
I.I. PI ARediu
Streets \ Planning Area y
%�000a .0 Minor Arterial
1_ '\_, Fxlstin8 a o Overay District 0 o Collector
Ranned Outside City *0 0, Historic Collector
0 0.1 0.2 0.4 0.6 0.8
Miles
STAFF REAk FORM - NON -FINANCIAL OBLOTION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn T. Warrick Planning
Name I Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
Win, OWWW1I1E
CP&E
Department
ANX 04-1212 was submitted by Mickey Harrington for property located at 5512 George Anderson Road
containing approximately 2.68 acres, more or less. The request is to annex the subject property to the city
limits of the City of Fayetteville.
STAFF RECOMMENDATION: Approval.
Division Head Date
/0'Zo -oy
ttorney Date
-/S
Department Director Date
`/ 10- yv-Vcr
Finance & Internal Services Din Date
l oy
Dae
Date
Received in Mayor's Office iO-I5"-611
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
Planning Commission
October 25, 2004
Page 15
ANX 04-1212: Annexation (IIARPER/BOWEN, 100): Submitted by MICHELE, A
HARRINGTON for property located at 5512. GEORGE ANDERSON ROAD. The
Property is in the Planning Area and contains approximately 2.68 acres. The request is to
annex the subject property into the City of Fayetteville. .
Ostner: The next item is ANX 04-1212, an annexation for Harper/Bowen.
Warrick: This request, and I'll go ahead and address the companion request which
is the next item on your agenda, this request is to annex a small piece of
Property that is basically cut out of the Copper Creek developments at the
northeast portion of the city. The subject property contains 2.68 acres. It is surrounded by Fayetteville on the north, south, and the west, and adjoins
George Anderson Road on the east. The applicant does propose 10 annex
the property into the city and to develop similarly to the approved
subdivisions that are being installed in the area around it, which are all
zoned RSFA for the development of single family residential units. Staff
does find that this meets the City's Annexation Policy. it does create an . appropriate boundary and provides for inclusion into this neighborhood.
A small piece of property that had been left out for whatever reason in the
past. For those reasons, we are recommending the annexation as well as
the companion rezoning to RSF-4, which is a compatible zoning district to
this surrounding areas.
Ostner: Thank you. Is the applicant present?. Is the applicant here for the
Harper/Bowen annexation? We'll proceed.
Shackelford: I think they were here at the first meeting and just did not come back. It
was tabled of course at the first meeting.
Warrick: I would add that we're moving through the agenda fairly quickly, and
Miss Harrington typically watches to see when her items are coming up,
so she may be here later, but she was at the meeting representing the
applicants two weeks ago, and I've spoken with her, and she will be at the
meeting with the City Council November I".
Ostner: Okay. Great. At this point, I'll open it up to the public. Would anyone
like to speak to this issue of the ANX 04-1212. Seeing none, I'll close it
to the public and bring it back to the Commission. Comments and
motions?
MOTION:
Shackelford: It may not be an isle and or a peninsula, but it's awful close. If you look at it in proximity to the Fayetteville City limits, I think it makes sense for
annexation. Based on the fact that anything we do regarding the
annexation or rezoning will have.to be ratified or actually approved by
Planning Commission
October 25,.2004
Page 16
City Council, I think I'm comfortable making a motion to recommend
approval at this point even thought the applicant's not here. And anybody
else might want to speak for or against this will have another venue at City
Council. So, a very long explanation, I'm going to make a motion that we
recommend approval of ANX 04-1212.
Ostner: Thank you. I have a motion for approval. Do I have a second?
Myers: Second.
Ostner: Second by Commissioner Myers. Is there further discussion? Suzanne?
Roll Call: Upon the completion of roll call, the motion to recommend approval of
ANX 04-1212 by the City Council was approved by a vote of 8-0-0.
FAYETTOILLE 1 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_.plerk@ci.fayefteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4631
The City Council approved an ordinance November 1, 2004, annexing that property
located at 5512 George Anderson Road. I have attached a copy of that ordinance.
This ordinance will be recorded in the city clerk's office and microfilm. If anything else is
needed please let the clerk's office know.
Thanks.
/cbp
attachments
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWGST ARKANSAS INDITION
E,.
AFFIDAVIT OF PUBLICATION
P j 12 do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
{6J 1 - n00 ) °—FU3 was inserted in the regular editions on
�L-
4i-
PO# C' 4-�X)gq
** Publication Charge: $
Subscribed and sworn to bezkw
me this
I I day ofVt0 , 2004.
61ka
Notary Public
My CommissidtEx rmeSall
,
Fl
o(b,StateofArkansas) Washington County ,
My C'Ontmission Expires 02J27!05 P
Please do not p��j`f>tbiii a'Ef"fi`d$F59tscccccc«cl
An invoice will be sent.
RECEIVED
Wov 15 2W
CITY OF FAYETTEVLLE
CrCLERIC OFFI
ryCE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FA)
ORDINANCE NO. 4EE1
AN ORDINANCE CONFIRMING THE ANNEXATION TO y'e � ie
THE CITY OF FAYETTVIL ELE, ARKANSAS; OF CERTAIN
PROPERTY LOCATED AT 5512 GEORGE ANDERSON
ROAD CONTAINING APPROXIMATELY 2.68ACRESARKANSAS
BE IT ORDAINED EY THE CRY COUNCIL OF THE CRY OF PAYETTEVILLE, ARKANSAS:
Section 1: That the City Council hereby confirms the annexation to the pry of FayedevIle. Arkansas, of
Met Property described In Exhibit'A' attached hereto and made a pert hereof.
Section 2: The otfic al map of the City 0: FayeneVile, Arkansas, is hereby amended to reflect the change
provided in Section 1 above. -
Section 3: That the official zoning map of the Cry of Fayettavile, Arkansas Is hereby emended to assign
Me zonng designation of R-A, Reszlentlel AghctAtural to the subject property.
Section 4: That the above-descdbed property is hereby assigned to Ward No. Thee.
and APPROVED this 1st day of November, 2004.
By:
SONDRA SMRH, City Clink
EXHIBIT 'A"
AM 04-1212
A PART OF THE NORTHEAST OUARTER ME 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
TION NINETEEN (19); TOWNSHIP SEVENTEEN NORTH If 7) RANGE TWENTY-NINE (29) WES
FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARMO
DESCRIBED AS FOLLOWS, TO"W(1: .
FROM A FOUND IRON PIN BEING THE SOUTHEAST CORNER OF THE NORTHEAST OUAi
1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION NINETEEN (19); THENCI
00-1 8'57'WEST -205.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 69'01'36
429.91 FEET; THENCE NORTH 01*34'41' EAST - 272.45 FEET, THENCE SOUTH 8V30'01
420.84 FEET; THENCE SOUTH 00018'57' EAST - 275.98 FEET TO THE PONT OF BEGINNI
CONTAINING 2.68 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND/OR
OF -WAY OF RECORD IF ANY
. 0WDEC io 2004 11:51/1 1:5100.00 Of 00 6 P 1
WASHIIHGTON COUNTY
STATE OF ARKANSAS
WASHINGTON COUNTY COURTHOUSE
280 N. COLLEGE AVENUE, SUITE 300
FAYETTEVUlA AR72701
TELEPHONE: (479)444-1711"
FAX: (479) 444-1994 .
DATE: I r2 ' / b 0
TO:
FAX#: 1 l - 1 �q f5
V
FROM:
FAX##: 479-444-1894
Dumber of pages (including cover page):
COMMENTS:.. o A`A'''`>.
CC a o o `f--
C1 oc-. r [,J�l uv1w r/ 1 I l0 3"1
C OO T - r'7
Tom.
TVO/