HomeMy WebLinkAboutOrdinance 4632II ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
• '� 00 007927660002 Tvoe: REL
Recorded: 12/03/004 at 11:24:11 AM
Fee Amt: $11.00 Pace 1 of 2
Hashlnoton Countv. AR
Bette Stews Circuit Clerk
F11e2004-00049491
ORDINANCE NO. 4 6 3 2
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1213 AS SUBMITTED BY
MICKEY HARRINGTON FOR PROPERTY LOCATED AT 5512
GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY
2.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO
RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER
ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described
property is hereby changed as follows:
From R-A, Residential Agricultural to RSF-4, Residential
Single -Family, 4 Units Per Acre as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in Section 1
above.
PASSED and APPROVED this I" day of November, 2004.
By:
APPROVED:
COODY, Mayor
ATTEST: "FRYI" R�' �.,
=U•
By: /tii E ; FAYETTEVILLE •
SdNDRA SMITH, City Clerk �•- ; i
EXHIBIT "A"
RZN 04-1213
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM
THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER. GO SOUTH O1012'00" EAST 514.91 FEET TO THE POINT
OF BEGINNING OF TRACT BEING DESCRIBED, THEN GO SOUTH 87016106" EAST
135.00 FEET. SOUTH 00000147" EAST 251.00 FEET TO THE NORTH RIGHT OF WAY
OF ARKANSAS STATE HIGHWAY 16. THEN GO ALONG THE RIGHT OF WAY
NORTH 87011'48" WEST 135.01 FEET, THEN LEAVING RIGHT OF WAY GO NORTH
00000'47" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78
ACRES.
Washington County, AR
I certify this Instrument was filed on
12/03/2004 11:24:11 AM
and recorded in Real Estate
File Number 2004-00049491
RWe Stamps - C7it Clerk
by
NAME OF FILE: Ordinance No. 4632
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 10/11/04 memo to mayor & City Council
2 draft ordinance
3 memo to Planning Commission
4 letter from Police Dept.
5 Answers to Item #5 on Application
6 Answers to Item #6 on Application
7 copy of Close Up View
6 copy of One Mile View
9 copy of Future Land Use
10 Staff Review Form
11 copy of Planning Commission minutes
12 memo to Dawn Warrick
t3 Affidavit of Publication
14 copy of Petition for Annexation, CC2004-27
15 Ex. A
16 Ex. B
17 copy of Order Setting Hearing
18 copy of Amendment to the Petition for Annexation
19 copy of Decree of Annexation
20 copy of Petition for Confirmation of Annexation
21 copy of Order Confirming Annexation
22
23
24
25
NOTES:
12/3/04 filed at Wash. Co. Circuit Clerk office
r
oA�D
City Council MeetingONovember 02, 2004 y�3a
Agenda Item Number
%Z/✓05/-/z u
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director/'_ 6 —
From: Dawn T. Warrick, AICP, Zoning and Development Administrator 4
Date: October 11, 2004
Subject: Rezoning request for Harper/Bowen (RZN 04-1213)
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 2.68 acres
of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4
units per acre.
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 II, an
approved preliminary plat currently under construction, envelopes the subject property
west of George Anderson Rd. The property is designated Residential on the Future Land
Use Plan.
The applicant requested the property be rezoned from R-A, Residential Agricultural, to
RSF-4, Residential Single Family — 4 units/acre, should the preceding Annexation
request be approved. The applicant intends to further develop the property for single-
family residential use under the RSF-4 zoning regulations.
Staff recommended approval of a rezoning to RSF-4 for the subject property. Rezoning
the property to RSF-4 will increase the density, allowing for more intense residential use
of the property and allow for development compatible to surrounding residential
subdivisions.
This item was heard at the regular Planning Commission on October 11, 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 REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1213 AS SUBMITTED BY
MICKEY HARRINGTON FOR PROPERTY LOCATED AT 5512
GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY
2.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO
RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER
ACRE. ��
BE IT ORDAINED BY THE
FAYETTEVILLE, ARKANSAS:
Section 1: That the
property is hereby chat
From R-A, Residential Agricultural tc
Units Per Acre as shown;in.Exhibit "A"
PASSED
ATTEST:
By:
Section 2. That\i
Arkansas, is hereby
Section 1 above.
Sondra Smith, City Clerk
this
zoning
OF THE CITY OF
of the
Residential Single -Family, 4
hereto and made a part hereof.
City of Fayetteville,
change provided in
of 92004.
By:
DAN COODY, Mayor
EXHIBIT "A"
RZN 04-1213
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM
THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER. GO SOUTH 010IT00" EAST 514:91 FEET TO THE POINT
OF BEGINNING OF TRACT BEING DESCRIBED, THEN (GO SOUTH 87016'06" EAST
135.00 FEET. SOUTH 00000'47" EAST 251.00 FEET/TO THE NORTH'RIGHT OF WAY
OF ARKANSAS STATE HIGHWAY 16. THEN/GO ALONG THE RIGHT OF WAY
NORTH 87011'48" WEST 135.01 FEET, THEN LE AVING RIGHT OF WAY GO ORTH
00000'47" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78
J 0.
PC Meeting of October 11, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: October 06, 2004
RZN 04-1213: Rezoning (HARPER/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 rezone the subject
property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units
per acre. Property Owner: CRAIG & KARYN HARPER Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
(PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
October 11, 2004
COUNCIL ACTION:
Required ' YES
O Approved O Denied
Date: November 02, 2004 (1" 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 intends to develop a single family residential subdivision.
Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to
RSF-4, Residential Single Family, 4 Dwelling Units per Acre, should the preceding Annexation
request be approved.
K:IRepor(s120041PC ReporlsV 0-11-041RZN 04-1213 (Harper-Bowen).doc
)
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 2.68 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation
request, ANX 04-1212, is an accompanying item to this rezoning request.
Recommendation: Staff recommends approval of the rezoning request. Future changes or
additional development on this site will be regulated by the city allowing for a more uniform and
consistent development pattern.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Vacant (Copper Creek Ph.
II
RSF-4, Res.
Single Family — 4 units per
under construction)
acre
South
Vacant (Copper Creek Ph.
II
RSF-4, Res.
Single Family — 4 units per
under construction)
acre
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
under construction) I
acre
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.
K: VtepnrlsQ0041PC Repor1s110-11-04WZN 04-1113 (Harps'-Bowen).doc
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
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 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning for a Single Family residential is compatible with
adjacent and nearby single family residential land use. The General Plan
designates this area for residential uses, which is compatible with the
proposed RSF-4 zoning. Access and provision of adequate services is
currently being extended with the development of adjacent properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. The rezoning is
needed for the development of a single family subdivision as proposed by the
applicant. A subdivision with this density in the R-A district could not be
developed as it is currently zoned. A higher density than the R-A zoning
district allows is appropriate in this area, and would provide compatibility
with adjoining developments that are zoned RSF-4 and currently being
developed with residential subdivisions.
A:Wepor1s12004PC Reporug0-11-041RZN 04-1213 (Harpw-Bamen).do
)•
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic.on George Anderson Rd,
the adjacent street. At the time of development, this street will need to be
brought up to current standards along the property frontage. The
Fayetteville Police Department finds that rezoning this property will not
result in an appreciable increase in the level of traffic danger and congestion
in the area.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would increase population density. The 2.68-acre tract
under an R-A, Residential Agricultural designation would allow for a
maximum of 1 dwelling unit (1 per 2 acres). With the proposed RSF-4
designation, 10 dwelling units would be permitted, with a projected total of
22 future residents in this area. This increases the possible number of
residential units, but is consistent with land use and zoning in the immediate
vicinity.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
5. If there are reasons why the proposed zoning should not be approved in view of .
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K: Weports120041PC Reportsll0-11-041RT.N 04-1213 (Harper-Bomen).doc
FAYL Pf EVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 4, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
RECEIVED
OCT 0 5 2004
PLANNING DIV.
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Annexation ANX 04-1212 and Rezoning RZN 04-1213 (HarperBowen,100)
submitted by Michelle A. Harrington for Property located at 5512 George Anderson
Road would substantially alter the population density and thereby undesirably increase
the load on public services or create an appreciable increase in traffic danger and traffic
congestion.
It is the opinion of the Fayetteville Police Department that this annexation and rezoning
will not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and congestion
in the area.
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.
Sincerely�(r�
Lieutenant William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. Box 1998 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-587-3522
)
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit
37
Manufactured homes
(2) Conditional uses.
Unit 2
Cy -wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, large site -
Unit 24
Home occupations
Unit
36
Wireless communications facilities
C Density,
11 Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot
area per dwelling unit
2 acres
(E) Setback requirements.
Front
Side
1
Rear
35 ft.
20 ft. lil
35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
K:1Reports120041PC Reporoi I0-11-041RZN 04-1213 (Harpy-Bonen).doc
161.07 District RSF4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
Unil 1 C -mil dwellin wide uses b right
Unit 8 Sin le-fa
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational facilities
Unit
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications
facilities
(C) Density.
Single-family
dwellings
Two-family
dwellin s
Units er acre
I 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-family
dwellin s
Lot minimum width
70 R
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft.
(E) Setback requirements.
11IFF—ront
Side
Rear
11 25 ft.
I aft.
20 ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
I
i
Q
aWo�w
d
u
s
o
u
0 0
E
Q
N
o
m
m
E o
0
1
as
z
Z
aL
U
ti
0
E
d
d
n
a
E
E
E
.aaaaaaa
E
.E
'E
'o
N
E
o
L
x
_•
E
E
E
a
�
a
,�
v
cv
Oa
d A
E
lO
N
N
N
as
E
Ei
S
rn o
^
E
E
as
E
as
8
E
0
x o
s!
W
.E
.E
.E
.E
.E
E
0
o
e
m
N
yL�
N
M
h
can
u
aw
w
w
Pao
u4
w
a
o w
N
dl
W
L
�p
QN
G
O
rt°e
W
r
a
•�
rx
a
0
z
z
c
U
v
0
E
.O
N
N
Naaa(
N
N
N
N
W
O
O
O
O
O
O
O
ANSWERS TO ITEM N5
APPLICATION FOR REZONING
5. A written description of this request addressing the following items.
a. Current ownership information and any proposed or pending
property sales.
Current owner is G & L Properties, LLC, Craig Harper,
Member.
b. Reason (need) for requesting the zoning change:
The proposed zoning is needed in order to develop this property
into RSF4 single family residential use.
c. Statement of how the property will relate to surrounding properties in
terms of land use, traffic, appearance, and signage:
This development will be similar to the other R-1 development to
the North, West and South, Copper Creek Phase III, and will be
compatible re land use, traffic, appearance, and signage.
d. Availability of water and sewer (state size of lines). This information
is available from the City Engineering Division:
Currently utilities have not been installed to the subject property,
but it is intended that this development will tie onto the 8" water
and 8" sewer lines currently existing in Copper Creek Phase III.
ANSWERS TO ITEM #6
APPLICATION FOR REZONING
6. The Planning Commission is required to make specific findings with
regard to this application. The following are the written statements of
the applicant:
a. The degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and
zoning plans.
RSF4 subdivision on this land is consistent with the development
in the area and the land use plans and objectives of the City of
Fayetteville.
b. Whether the proposed zoning is justified and/or at the time of the
request.
RSF4 zoning is the same as the surrounding property and
compatible with the area, therefore is justified at this time.
c. Whether the proposed zoning will create or appreciably increase
traffic danger and congestion.
Although
traffic
will be increased
slightly, George Anderson
Road is or
will be
sufficient
to handle
any
increase.
d. Whether the proposed zoning will alter the population density and
thereby undesirably increase the load on public services including
schools, water, and sewer facilities.
Density will be the same as the other RSF4 developments in the
area and is not expected to undesirably increase the load on
public services.
e. Why it would be impractical to use the land for any of the uses
permitted under its existing zoning classification.
The existing zoning of A-1 does not allow for the proposed highest
and best use of this land, which is that of RSF4 residential
development.
� I
III
i�
SUBJECT .O.
S•
L 1
i..........................
=C3.'"i'si
.................:........:...
Legend
Master Street Plan " M I colfilm Set) YEAR
FceawaytEVressway0*** HistciftCdi�� LIMIT OF STUDY
MM
r
c
.-
RZN04-1213
RZN0H A R P E R/ B O W E N
One Milele View View
Iry 1 I i I
La . l Y tl A 1'.
IVL E Y c ! t
1{ Flo p
-A tl' I 't o 1 :GUM LN I - 11
'1 e� _ 1 ,,1• i It...
g �� 1 r 7 9
p
4lEP.=�� - wl > 1 Q
1 A i CLFNiLREE'6R N IN
t
A10 N�If
%! +1 ftSFJ as t " _,1 �r {
RPM
6F>
G�J
I STO E DR I- GI I a5F-a a lI t .!
K AYETTEVILLth
�L JI+ ] Rom+ SUBJECT PROPERTY
asF. (earl 1-_�.--
a-A 1 _ L - I,k
_ p�i1ERHILLr L .w :.J
11212N RD tlii - $ q
70R R14
\off o 'L4NB4r'4F'
MNDAL P
1
CA
PP
lc p
I {
R A '[ { t ff Y�� s
14
RMF gal tl — r —� I —._ If. \
! HSF-a
znl�
�---4 I ftSF4
R24 R �RSF
_ y
- aRIsF4 {.GULLS
1V I �1 iei1� pi� aA 3I Cz �� t{r
R-0
—1 1 R-0 o1
RA Rrcga l-
-�C -_ {. t I'_". I .. (-'j .._-•—_-�W .'DLLEY RD.�I�..�:1 ~.
Overview Legend
- F7]6 Subject Property Master Street Plan
_ RZN04-1213 Boundary �'j Freeway�Vmsw y
Pdmpal AnRrlal
Streets0
Planning Area p
8000 yMlnu Arterial
�\. 6lsgng Overlay District
♦ Collector
%a""� Outside City ��0, HISt0nCC0IlWm
0 0.1 0.2 0.4 0.6 0.8
Miles
RZ 0 aUSe HARPER/BOWEN
Overview
Legend
Subject Property Boundary Master Street Plan
ME RZN04-1213 _ 4� Freeway/Expressway
' \� Planning Area
�P000a Principal Arterial
StrBelS o o Overlay District
Minor Arterial
Existing F--J Outside City
Co
Planned � � r llector ego Historic Collector
0 75 150 300 450 600
MommommORFeet
STAFF REV1'EW FORM - NON -FINANCIAL OBLIGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM
Dawn T. Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
November 2, 2004
CP&E
Department
RZN 04-1213 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 rezone the subject property from R-A to
RSF-4, Residential Single Family, four units per acre.
STAFF RECOMMENDATION: Approval.
Division Head
City Att
G
Department Director
Finance & Internal Services Dir.
Date
Id - 2 L)- eq
Date
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
(0, yo_ey
Date Orig. Contract Date:
'./
� jD/_atee
O 7�Date
Orig. Contract Number:
New Item:
10•LS,ocI
Date
Yes No
Planning Commission
October 25, 2004
Page 17
RZN 04-1213: Rezoning (IIARPER/BOWEN, 100): Submitted by MICHELE, A
HARRINGTON for property located at 5512 GEORGE ANDERSON ROAD.
property is zoned R-A, Residential AgriculturalThe
, and contains approximately 2:68 acres.
The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units
per acre.
Ostner: A tandem item is RZN 04-1213. We've already heard a staff report. The
applicant is not present. Would the public like to speak to this issue of
RZN 04-1213 for the same piece of property? I think our applicant has
arrived. We've already approved the annexation and we'
rezoning. re on to the
Harrington: I apologize for being late. If you,have any questions on the rezoning, it's
going to be the same as everything around it. Ask me if you have any
questions.
Ostner: Okay. Do we have a motion and a second? 1'd love a motion and a
second.
MOTION:
Shackelford: Mr. Chair. Again I'm in agreement of staff findings of fact on this. I
know this property, I live in this area, and I'm totally in support. of RSF-4
zoning, I think it's a match with what's already there and what the 2020
Plan recommends. So I'm going to make a motion that we forward to City
Council with a recommendation for approval RZN 04-1213.
Ostner: Thank you, ].have a motion for approval. Is there a second?
Clark: Second_
Ostner. Second by Commissioner Clark. Is there further discussion? Suzanne?
Roll Call: Upon completion of the roll call, the motion to recommend approval of
RZN 04-12 ] 3 by the City Council was approved by a vote of 8-0-0.
FAYETTEIILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575.8323
Fax: (479) 718-7695
cIty_clerk@ci.fayefteviIle.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division n
From: Clarice Buffalohead-Pearman v'
City Clerk Division
Date: November 9, 2004
Re: Ordinance No. 4632
The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04-
1213 for 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
AA 'I
!!!!!!!!l!l!!!!t!!!l!!!!!!!!!!ll!!!<
My Commissior>�;EXpir�}1e,;, A
>, Notary Public, State of Arkansas'
>; Washington County
P > / Corngtig n F"vi es 07J27/OS
" Please do not 3 < [kxda< «cc<c«uc«1
.An invoice will be sent.
RECEIVED
NOV 15 2004
CrTY OF
CIT! CLERICS OFFICEFAYETrEVILLE
LERK'OFFICEE
AFFIDAVIT OF PUBLICATION
12-�]. 1 )1Abfnr-V do solemnly swear that I am
Lega 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:
0i&Ra82L) (4J was inserted in the regular editions on
Yam[ )orLLa,11
Po# c\4KQ
*' Publication Charge: $ I <"I ,cy I
Subscribed and sworn to beform/e this
day of tl V 2004.
ORDINANCE NO. " '. 11
fj AN ORDINANCE REZONINGPETITION
THAT ,PROPERTY •,�� V t i lei
DESCRIBED B REZONINGRRING RZN 04-1213 AS 0.
SUBMITTED BY MICKEV HARRINGTON FOR PROPER-
TY LOCATED AT 5512 GEORGE ANDERSON ROAD AR KAN SAS
Notary Public CONTAINING APPROXIMATELY 2.68 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY FWR UNnS PER ACRE
R ORDAINED BY THE CITY COUNCIL OF THE CRT OF /ATETTEYILLE, ARKANSAS:
Jon 1: That Me i cassibcaticn of Me folovirg aesorlbeo properly Is hereby cflenped eS lollom:
S94e-Ferny, 4 Units Per Acre as shoAn
EXHIBIT 'A*
RZN 04-1213�
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST WAATER OF SECTION
(13). TOWNSHIP SD7EEN (16) NORTH, RANGE THIRTY.(30) WEST, WASHINGTON
OF TRACT BEING DESCRIBED, THEN, GO SOUTH 67'18'06' EAST
EAST 251.00 FEET TO THE NORTH RIGHT OF WAY OF ARKANSX
0 ALONG THE RIGHT OF WAY NORTH 87-1 1'48'WEST 135.01 FEE
Y GO NORTH W 00'47' WEST 250.83 FEET TO THE POINT OF BEC
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, Aklr NSAS 72702 * (501) 442-1700
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
FILED
'04 JUL 9 81111 15
IN THE MATTER OF: f <RF; COdi°S PI11iC1iARD
ANNEXING TO THE CITY OFFAYETTEVILLE, G0. & PROBATE CLERK
ARKANSAS, CERTAIN LANDS CONTIGUOUS CO. ARK.
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS Case No. CC 200412�j
CRAIG 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:
1. 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 '/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 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 01034'41" East — 272.45 feet; thence South
89030'01" 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.
Page 1 of 4 Pages
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. A true 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 date 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
hearing 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
Page 2 of 4 Pages
which Petitioners maybe 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 Petitioners
By: (if
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, Petitioners herein, hereby state under oath
that we have read the above and foregoing Petition for Annexation, and that the facts and
allegatio containe therein are true and correct to the bes of our k�o�✓ledge and belief.
Zj
YAN E B E CRAIG ER
62�
GIN ER #OWEN YN H
Page 3 of 4 Pages
0
SUBSCRIBED AND SWORN to before me, a Notary Public, this day of
2004.
My Commission Expires:
LINDA D. MAESTRI Notary Public
NOTARY PUBLIC
�yASHIN NSAS
MY COMMISSION EXPIRES 06.16.2012
CERTIFICATE OF SERVICE
I, 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 R� 44 day of , 2004.
IM2" GL
Michele A. Harrington
Page 4 of 4 Pages
BEj0581I8' W
420,07'
I
0
v
N
TRACT A
2.05 ACRES +/-
34.6'
o
In
N
N OARII I o
33.7o
I " N
o` N 88430'18' W
FIT
245.97'
0 0
N a
0
20.0 100' EWISTING S
TRACT O HOUSE o � Y
0,63 ACRCS I/- o m l--
O J
1337 _ 710' x•o' _ _ o
-----__I
POB B 30' ACCESS EASEMENT
250.00' 180.13'
XLx
S 88*30418' E 430.13'
KURVFYCD FUR: GINf1CR DONO POD A
E�XISIING_DUO DESCRIPTION PART Ur THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTIUN 19. TUWNSHIH 17 NORTH, BANGS 29 VEST. OF THE FIFTH PRINCIPAL MERIDIAN. WASHINGTON
COUNTY, ARKANSAS. REING MORE PARTICULARLY DCSCRIOCD AS FOLLOWS, TO-WIT1 BEGINNING AT A
POINT THAT IS NIIRIHH V)26.91' FROM Inc SOUTHEAST CORNER or SAID NORTHEAST QUARTER OF THE
NORIHEASI QOAPH R. SAID POINT BEING IN THE COUNTY READ; THENCE WITH SAID ROAD, NORTH 275.00'
Ifl A POINT TIAI I\ IN LIfIf WITH A CERTAIN FENCE;THENCC LEAVING SAID COUNTY ROAD, ALONG R%W N
IiAln ITH(:L. NHH'bN'IH•W 1;.0.0,* NI AN Cl IS1IN(; ]Hot) PIN; THENCE LEAVING SAID FCNCE, ALONG
ANUTHFP Hf NH:f. snl:•R, I:9'W PIPDa' in An L'QSfINL IRON PIN, THENCE LEAVING SAID FENCE, ALONG
ANIIIHII.R ILNI:1, :11H"HIl'IHq .I :IOIJ' III Tllf POnH OF Rf.61I4NING. CONTAINING 2.n PCP-S. MORE UR
LESS. ANn STInJIcl III IHAI PIIRTINN THAT LIFS IN 111E COUNTY ROAD ON TH EA. SIDE.
0,
SURVEY_ OCSCRIRTION ;PACT_A/ FNRf Or THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER GF to
SECTION 19, IIIWNSHIP 17 NURI11. RANGE 29 WEST BCING MORE PARTICULARLY DESCRIBED AS FOLLOWS. N
To Wilt RLI.NHH:IMG AT A PUINI WIHCH IS 226.94' NORTH OF THE THIS SOUTHEAST CORNER OF SAID i
FORTY ACRE TRACT AND RUNNING THENCE NORTH 276.00'. THENCE N88.58'18'W 420.07', THENCE r
S02.0�69'V 16ftGIP. IIIINI:t SDU•:DI'IB'L 245.91', THCNCC SOUTH H0.03. THENCE SBO.30'I8'E 160.13' TO
HOC POINT nF W'GINNING CUNTAININH 1.78 ACRES MORE OR LCSS. SUBJECT TO THAT PORTION IN
ZICE11IHiY RIIA❑ Rl tA.% VWAY ON Tllf FAST SIDE OF HEREIN DESCRIBED TRACT AND SNIT Init TO A 30'
VINO I AI 1 CHR SS All1l11 NII SIH111I iN11- ITT nPLI RN(O RIIII'N AS HF.6INUINU IU UHF.
SITU Nn_nSl CIIRNJI ti' Ill nl I`llu ID.S1'M'I HI U 1RnCl ANTI RUOW ING n1LNf,C nUB'30'IB'W IBU.13'. �
•
SUV.VLY_Il[SCR.I(`I TUN _IRAI;_L .11 PART Ili' 111L nII IR TI1EASi OUAHIF,R or iT1E NORTHEAST QUARTER GP SC COHN R
SI.FIINII I'I. HIWO'NHIP 11 MIRTH. PANCIC 21) WEST HCHIG MORE PARTICULARLY DESCRIBED AS FOLLOWS.
TU-WI11 Ill_GINNINL Al A PUnll V111C11 IS 2J.26,9,1' MURTII ANU N80':10'1R'V 180,12 FRON THE NE I/4, NL I/4
SOUTHEAST CHRNI:P OF SAID FORT ACRE TRACT AND RUNNING THENCE NORTH 110.03', THCNCC SEC. 19
NBO130'181W 245.')T. THCNCC SO2'07)59'v H000'. THENCE S08.30'I8'E 250.00' TO THE POINT OF T-17-H, R-29-W
BEGINNING CONTAINING LOS ACRES MORE OR LESS, AND HAVING INGRESS AND EGRESS RIGHTS Tp A
;10' VIM: ROAD Al fl'SS F SLHCNT 111E SIIHHI I.InC OF WHICH DESCRIBED AS BEGINNING AT THE
SHINIIILASI CIIRNFR HI Ili.wu I IIESIRIDfD (PACT AND RUNNING THENCE SOB630'T9'E 18DA3' TO A PDNII
IN II11 CHIIN$N ITIAII
CCR111_IFAnui. I HIPCU1 CFI11I1": HITS
In Ill: HRUL AND CIIRRLCI In NHL ULST
CIF MY KNOWLEDGE AND Ifft(Alf ON THIS
HiE 2NU DAY OF DCCLMDER, 2DD.1,
I_It-
CLTl'U'
N
I lx.,r
aron n'H vy wilt e11I
b..
rounJ In un. fL'u.lry.
O
SEWON Plrl
SL T
D p9 pi
rAHP 1D
vinvill o $r•Ir.r
•
tlnual IPIm r•In '
' o
SIn HI. rLrnml.ttl
u
•
THROW Slllrn'
0' 50' 100, 150,
DLEW
LAND
SUPVLTYINC
DRAWN
D.t TF.'
52.1 If. SYCAMORE 4
OLT
/Z/02/o2
DATE
FAYE'TTEl71,LE. AR
72703
APPRO5.-D
479-4.13-4506 _
SCALE
SKEET
I PROJE'cr N0.
1" = 50'
IO2-:12G
Exhibit "A"
\\Serve+\d\Land Projects 2004\04050 Hary Mdewn-Team' ' Ngk dw , 7/912004 9:05:39 AM
Exhibit "B"
Exhibit "B"
1l
0
D
w
D
m
-
f3l
'n>
=
oa
—I
3z
m
3 z
Z
Z
/
—n
_
o\
da
\
1
NI3441-E
a
r
O
z
272.45
r
m
N
O
T
3 z
Z
Z
o=
---I0
a
�
�
0
z
Ll
A6 SLZ
3 MgO S
TI
D £
D
n m m n (�
3N m �m Z Z
ED
a r ' 0
H: H r z
'nfTl : "n
o' tt
6
3 3
Section 19 m
ANDERSON RD
Section 20
z
on
��
3 z
Z
Z
O�
a
�
�
Cl
z
Section 10
N Section 17
n n
A
O O
] J
O V
A \
0
=
^'
C
"
J ✓�
Z
Z
a
0
z
N
II (7
o m z D
n \Cl
T V
N f no M n 0= w a C= n a 0_
�Aoc n� oa C 0z Z Z U1 oN C
�Z �O— 3z ZZ N�--- 1GI l 3E ZZ
Q 00"
yp � C z (De
M a O 0 0
B m=a;U�7 Z
AFi{ D Z Z
Ci DOmv
>�z
0
Ei D o n
z m
c V1OS
1
P f < S BUTTERFIELD COACH RD
+t � nm ...... ..... ............... ._..... . _ ......................... ......
N �
Z
o
a
< C7 D z D o
nC O 3: mn£ O z D
a _ O
0
a Z 3 to Z Z
0 a 0 b ...m --4 0
Z Z Va O
n y O
D
7'7 C-
V)
p. a C:
IN THE COUNTY COURT OF WASHINGTON COUNTY,
/W"SA�
Mn
M
m
-W�371
o
�rrnn-V
o
CD
=
m
DO
IN THE MATTER OF:
o
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC
2004-37
ORDER SETTING HEARING
On this -
�ffay oK;42, 2004, is presented to this Court a Petition for
Annexation filed in the County Court of Washington County, Arkansas on
2004, by the Petitioners, Craig Harper and Karyn Harper, husband and wife, under contract to
purchase the real estate from the Petitioners, Yancey Bowen and Ginger Bowen, husband and wife,
the real estate owners desiring the annexation of territory to the City of Fayetteville, Arkansas, more
particularly described therein.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to
Arkansas Code Annotated §14-40-602, a hearing on said Petition for Annexation shall be held in
the office of the County Judge of thCounty Court of' Washington County, Arkansas, on
the /4l? day of 2004, at /O, GL-o'clock A .m.; the
Clerk of this Court is hereby directed to issue a notice of said hearing as set forth herein; and
Harrington, Miller, Neihouse & Kieklak, P.A., the agent named by said petitioners, shall give notice
of such hearing as provided by law, with said notice to be published in the manner and for the full
I
ength of time as required by law.
RR "HL tON, County Judge
W� - a 5
LEGAL DESCRIPTION: PARCEL A
A part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) 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 1/4) of
the Northeast Quarter (NE 1/4) 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 01 °34'41" East - 272.45 feet; thence South 89030'01" East -
420.84 feet; thence South 00°18'57" 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.
9
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS
CRAIG HARPER and KARYN HARPER,
Husband and Wife and
YANCEY BOWEN and GINGER BOWEN,
Husband and Wife
o
Pro
fl G
C se` Ia CC 2004R7
rQ
r— —� N
S _C3
NjrITIONERS
AMENDMENT TO THE 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
Amendment to the Petition for Annexation state as follows:
1. Petitioners, YANCEY BOWEN and GINGER BOWEN, husband and
wife, and CRAIG HARPER and KARYN HARPER, husband and wife, filed a Petition
for Annexation in the above styled matter on July 8 h, 2004.
2. The Court has fixed the 16`s day of August, 2004 at 10:00 a.m. in the office
of the County Judge for the County Court of Washington County, Arkansas, as the date for a
hearing on said Petition.
3. It has come to the attention of the Petitioners that the Plat of Survey of the
property dated December 2, 2002 and attached to the Petition for Annexation as Exhibit "A"
is inaccurate.
4. Said property is accurately depicted on a new Plat of Survey dated July,
2004, prepared by Engineering Services Incorporated, a copy of which is attached as Exhibit
"A" and made a part hereof by reference.
2. Petitioners request that this Court accept this amendment to the Petition for
Annexation.
WHEREFORE, Petitioners pray that the property to be annexed to the City of
Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law,
after a hearing thereon as required by law; and for all other proper relief to which Petitioners
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 Petitioners
By:
Michele A. Harrington
Arkansas Bar No. 85217
CERTIFICATE OF SERVICE
I, 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
,2004.
Michele A. Harrington
RAM
§)
ho )
,w aft Mot ;&!(
\ mƒ )
z\/
2 {
! .
� �e /§�(
\� �� )|� i " • .
§�!!!
n 2 g
)
j
m
n
ƒ °
0
^
--
!`!
�
�
°'�
,
,0a0)
)
n`�
_
PyY/ 7/T `cR
;e
—'
13OUNDARYENGINEERING
for Y E AND GINGER -n•
__c,m_,__
KWtCES
- , ,
�%
FILED
IN THE COUNTY COURT OF WASHINGTON COUrWYOM f�1NSknS 10 12
K:Cr0•-_=,`J COMBS P;;ITCIfAR;
PROBATE
IN THE MATTER OF: W;", j;;;,, , r; n 0 ERK
ANNEXATION OF CERTAIN LANDS TO THE K.
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-27
DECREE OF ANNEXATION
Now on this tolay of 6t 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
Wa- A?
Page 1 of 3 Pages
E
this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of
the acreage affected.
5. 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 'I) of the Northeast Quarter
(NE 14 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 Comer of the Northeast
Quarter (NE 1� of the Northeast Quarter (NE 14 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 01034'41" East - 272.45 feet; thence
South 89°30'O1" East - 420.84 feet; thence South 00°18'57" 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 -described 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. 1 of the acts of the Legislature of
W
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 seq.
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.
JY TON, County Judge
UVo��, r Jb
Page 3 of 3 Pages
x o
� C a -L
v m o
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARK-Alg .,
'o� `' r
rn
.Dyu, v
` m v 3
c> �
a
c>
= N
IN THE MATTER OF: ?� ;c ' ^'
ANNEXATION OF CERTAIN LANDS TO THE o
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-27
PETITION FOR CONFIRMATION OF 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 Confirmation of
Annexation state as follows:
There was entered in this cause a Decree of Annexation which annexed real estate
described therein to the City of Fayetteville, Arkansas.
2. Said Decree was duly filed in the County Records of Washington County, Arkansas
on August 16, 2004.
3. No objections have been given to the authorities of the City of Fayetteville, nor to
the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the County
Clerk nor with the Circuit Clerk of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas, and the Petitioners now ask that the annexation be confirmed.
WHEREFORE, the Petitioners pray that the annexation be confirmed, and that this Court
find that the
Petition
and all
proceedings
thereunder are
in compliance with the statutes and that the
action of the
County
Court,
in its Decree
of Annexation
entered August 16, 2004, be in all things
on
approved and confirmed.
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 Petitioners
By: 4. A cl AL
Mi ele A. Harrington
Arkansas Bar No. 85217
CERTIFICATE OF SERVICE
I, 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. Mails, postage prepaid, addressed to her mailing address in
Springdale, Arkansas, this the t1 @*. day of 0i�_,_2004.
IEm
IN THE COUNTY COURT OF WASB INGTON CJ)KP ff , ARKANSAS
004 BCT 20 PM 12 09
IN THE MATTER OF: KAREN COtiIBS PRITCHARD
ANNEXATION OF CERTAIN LANDS TO THE',, CO, & PROBATE CLERK
CITY OF FAYETTEVILLE, ARKANSAS W A S H I N C T O N C lF IZ`lo. CC 2004-27
ORDER CONFIRMING ANNEXATION
NOW on this 9? day of &eZe.
2004, the
Petition
for
Confirmation of
Annexation having been filed herein by
the Petitioners, Craig
Harper
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, and there being no protests or objections filed herein, this matter is
submitted to the Court upon the Petition filed herein, and the Court being well and sufficiently
advised finds:
1. There was entered in this cause a Decree of Annexation, which annexed the
following described real estate to the City of Fayetteville, Arkansas:
A part of the Northeast Quarter (NE 14 of the Northeast Quarter
(NE 14 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 14 of the Northeast Quarter (NE 14 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 feet; thence
South 89°30'01" East - 420.84 feet; thence South 00°18'57" 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.
2. Said Decree was duly filed in the County Records of Washington County,
Arkansas, on August 16, 2004.
Page 1 of 2 Pages — /
3. No notice of objections have been given to the authorities of the City of
Fayetteville, nor to the agents
of the Petitioners,
nor have any exceptions to the said Decree been
filed with the
County Clerk or
the Circuit Clerk
of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and
that this Court find that the petition and all proceedings thereunder are in compliance with the
statutes and that the action of the County Court, in its Decree of Annexation entered August 16,
2004, be in all things approved and confirmed.
IT
IS THEREFORE, CONSIDERED, ORDERED
AND ADJUDGED,
that:
1)
the Decree of the Court entered on the
16h day of August,
2004, is hereby
approved and confirmed in all respects;
2) the original papers in this cause should be delivered to the Clerk of Washington
County, Arkansas, with the same to be properly recorded upon the records of said County;
3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed
territory,
one copy of the Order of
the
Court, and the Ordinance of
the
City Council, and shall
forward a
copy of each document to
the
Secretary of State, who shall
file
and preserve them;
4) the Clerk shall also forward one copy of the Plat of annexed territory and one
copy of the Order of the Court to the Director of the Tax Division "of the Arkansas Public
Service Division, who shall file and preserve them and shall notify all utility companies having
property in the municipality of the annexation; and
5) the Clerk shall forward a certified copy of the Order of the Court to City Council.
IT IS SO ORDERED this , day of C�2004.
I�A�
JEO
LJ HU$TON, County Judge
Page 2 of 2 Pages �� — 3 /
3. No notice of objections have been given to the authorities of the City of
Fayetteville, nor to the agents
of the Petitioners,
nor have any exceptions to the said Decree been
filed with the
County Clerk or
the Circuit Clerk
of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and
that this Court find that the petition and all proceedings thereunder are in compliance with the
statutes and that the action of the County Court, in its Decree of Annexation entered August 16,
2004, be in all things approved and confirmed.
IT
IS THEREFORE, CONSIDERED, ORDERED
AND ADJUDGED,
that:
1)
the Decree of the Court entered on the
16' day of August,
2004, is hereby
approved and confirmed in all respects;
2) the original papers in this cause should be delivered to the Clerk of Washington
County, Arkansas, with the same to be properly recorded upon the records of said County;
3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed
territory,
one copy of the Order of
the
Court, and the Ordinance of
the
City Council, and shall
forward a
copy of each document to
the
Secretary of State, who shall
file
and preserve them;
4) the Clerk shall also forward one copy of the Plat of annexed territory and one
copy of the Order of the Court to the Director of the Tax Division "of the Arkansas Public
Service Division, who shall file and preserve them and shall notify all utility companies having
property in the municipality of the annexation; and
5) the Clerk shall forward a certified copy of the Order of the Court to City Council.
IT IS SO ORDERED this C day of ( y,2004.
JE HU$TON, County Judge
Page 2 of 2 Pages e� —3( /
0
RECEIVED
DEC 07 2064
CIV CLERICS FFICE