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HomeMy WebLinkAboutOrdinance 4720 N O ORDINANCE NO. 4730; m_ cGi AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBEII�I3 w ANNEXATION PETITION ANX 05- 1495 FOR PROPERTY LOCAAV `O o N AT THE SOUTHWEST CORNER OF WEIR ROAD AND SALT -o 3 ROAD, CONTAINING 10.47 ACRES o o ?� 1> r6 M s w BE IT ORDAINED BY THE CITY COUNCIL OF THE ITW�OF u' 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 : That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. Four. PASSED and APPROVED this 19f day of July, 2005. ,iJIMIMPI,,, APPROVED: ��•``�ERK/TRPS,, 960Y 0 G ; FAYETTEVILLE ; �z.:• :�. = By: 9sDAN DAN COODY, Mayor J ATTEST: l By: kG7z�� SONDRA SMITH, City Clerk Doc ID :IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ve : REL Recorded : 08/23/20050atr11 : 30 : 23 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton Countv . AR Bette Stamos circuit Clerk F11e2005 -00037063 EXHIBIT "A" ANX 05-1495 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1 /4 NW 1 /4 AND RUN THENCE NORTH 87036'20" WEST ALONG THE SOUTH LINE OF SAID NW 1 /4 NW 1/4 FOR 662.41 FEET; THENCE NORTH 3° 10'04" EAST FOR 422.59 FEET; THENCE NORTH 90000'00" EAST FOR 309.29 FEET TO A POINT THAT IS 347.66 FEET WEST OF THE EAST LINE OF SAID NW 1 /4 NW 1/4; THENCE NORTH 2021410" EAST FOR 453.65 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD NO. 94; THENCE NORTH 79045 '52" EAST ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD NO. 94 FOR 355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1 /4 NW 1/4 THAT IS 353 .33 FEET SOUTH 2021 ' 1051 WEST FROM THE NORTHEAST CORNER OF SAID NW 1/4 NW 1 /4; THENCE SOUTH 2021 ' 10" WEST ALONG THE EAST LINE OF SAID NW 1 /4 NW 1 /4 FOR 966.95 FEET TO THE POINT OF BEGINNING, CONTAINING 10.47 ACRES MORE OR LESS. Washington County, AR ed on I certify this instrument was fil 0612312005 11 :30.23 AM and recorded in Real Estate File Number 2005-00037063 S Ps - Circuit Clerk by ( FROFEB 25 2005 l� j�j./14t57/No. 6816796438 P 2 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED In re: 2005 FEB 29 Pfd �' 9 ANNEXATION OF PROPERTY CONTIGUOUS,Z;rt; GOMUS PRITCIIAP; G TO THE CITY OF FAYETTEVILLE, ARKANS*SI . 2c PRO BMIMLl 40005-7 ii r T .. '. PETITION FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FAYETTEVILLE, ARKANSAS Comes now the Petitioners, Jack Haynes and Joan Haynes, owner of certain real property located in Washington County, Arkansas, and petitions the Court as follows: i . That the Petitioners, Jack Haynes and Joan Haynes, arc the sole owners of certain real property located in Washington County, Arkansas, described as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, .more fully described as follows: Beginning at the southeast corner of said NW 1 /4 NW 1/4 and run thence North 87'36'20" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet; thence North 3010;'04" East for 821 .23 feet to a point in the center of Washington County Road No. 94 (Weir Road); thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 20.56 feet; thence South 3° 10'04" West leaving said centerline for 402.30 feet; thence North 90°00'00" East for 289.26 feet to a point that is 347.66 feet west of the east line of said NW 1/4 NW 1/4 ; thence North 2°21 ' 10" East for 453.65 feet to a point in the center of said Washington County Road No. 94; thence North 7945 '52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the cast line of said NW 1/4 NW '/. that is 353.33 feet South 2'21 ' 10" West from the Northeast comer of said NW 1/4 NW '/A; thence South 2°21 ' 10" West along the east line of said NW 1/4 NW '/4 for 966.95 feet to the point of beginning, containing 10.66 acres more or less. 2. That all of said property is contiguous to and adjoins the City of Fayetteville, Arkansas. ( FRI ) FEB 25 . 2005 .19 /S 7/No. 6816796438 P 3 . QOM 3 , That Petitioners respectfully request that said property be annexed to, added to, and included within the boundaries of the City of Fayetteville, Arkansas. 4. That Petitioners respectfully request that this Court set a date certain for a hearing of the Petition. WHEREFORE premises considered, the Petitioners Pray that this Court set a date certain for its hearing of this Petition; that the Court grant its Petition for Annexation to the City of Fayetteville, Arkansas; and for all other reasonablc and proper relief to which this Court deems it entitled. Respectfully submitted, Curtis E. Hogue HALL, ESTILL, HARDWICIG, GABLE, GOLDEN & NELSON, P.C. One East Center Street, Suite 315 Fayetteville, AR 72701 -5388 Telephone (479) 973-5200 Facsimile (479) 973-0520 ATyORNEYS FOR PETITIONERS, JACK HAYNES AND JOAN HAYNES 510780.1:222101.00150 2 FROM ( FRI ) FEB 10 2006 14 : 41 /ST , 14 : 38 /No . 6816796387 F 10 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS In re: ANNEXA770N OF PROPERTY CONTIGUOUS- x. o TO THE CITY OF FAYETTEVILLE, ARKANSAS CggiQ00Sq 0 o rn T AMENDED ORDER OF ANNEXATION z y N rnrn Now on this f e� day of May, 2005, comes on for hearing the regBk"tPetilianers to a � n m amend the previous Order of Annexation filed for record April 4, 2005, vtd ,cwrt tj§4tg well b and sufficiently advised in the premises, finds as follows: I . That the previous Order of Annexation filed for record April 4, 2005 was, in all respects, proper and did fully and completely annex the property described therein to the City of Fayetteville, Washington County, Arkansas. 2. That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of Annexation should be deleted so as to provide even and uniform boundaries of the annexed property. 3 . That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be annexed is that property situated in Washington County, Arkansas, to wit: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Commencing at the southeast comer of said NW 1/4 NW 1/4 and run thence North 87036'20" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet to the point of beginning or property herein described; thence 'North 3° 10;'04" East for 422.59 feet; thence North 90°00'00" East for 309.29 feet to a point that is 347.66 feet west of the east line of said NW 1 /4 NW '/•, thence North 2121 ' 10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79045152" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1/4 NW 1 /4 that 353 .33 feet South 202110" . West from the Northeast comer of said NW 1/4 NW 1 /4; thence �0 FROM ( FR0 FEB 19 2006 14 : 41 /ST . 14 : 38 /No . 6816796387 P 11 South 2°21 ' 10" West along the east line of said NW 1/4 NW 1/4 for 966.95 feet to the point of beginning, containing 10.47 acres more Or less. 4. That the lands to be annexed have been accurately described and he prayer of the Petitioner is right and proper. IT IS THEREFORE CONSIDERED ORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall he and hereby is amended and modifiedinorder that the above-described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. NO BLE JERRY HUNTON, COUNTY JUDGE $15875.1:222 u11 :001 SO I 2 FROM ( FRI ) FFB 10 2006 14 : 41 /ST . 14 : 38 /No . 6816796387 P 12 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED In rc: t 2 ANNEXATION OF PROPERTY- CONTIGUOUS 2005 JUN RIS $ TO THE CITY OF FAXETTEVILLE, ARKANSAS t. tl; t1 CObIBS PR4604&. 2005-7 G0. 1x PROBATE CLE1yt; � �� �� �� r t,TON CO . AR!: SECOND AMENDED ORDER OIC A%hJ ATION Now on this �_day of May, 2005, comes on for hearing the request by Petitioners to amend the previous Order of Annexation filed for record April 4, 2005, and the Court being well and sufficiently advised in the premises, finds as follows: 1 . That the previous Order of Annexation filed .for record-April 4, 2005 was, in Al respects, proper and did fully and completely annex the property described therein to the City of Fayetteville Washington County, Arkansas. - / 2. That the Amended Order of Annexation filed firr record 5l ' fOl/ o5 failed to include the word "beginning" in the legal description, and therefore said Order should he further amended. 3 . That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of-Anncxation should be deleted so as to provide even and unitbrm boundaries of the annexed property. 4. That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be- annexcd-is that property situated in Washington County, Arkansas, to wit: That part- of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Beginning at the southeast corner of said NW 1 /4 NW 1 /4 and run thence North 87136120" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet; thence North 310'04" East for 422.59 feet; thence North 90100'00" East for 309.29 feet to a point that is 347.66 feet west of the cast line of said NW 1 /4 NW % , thence North - �� " 83 FROM ( FRI ) FEB 10 2006 14 : 4111ST . 14 : 38 /No. '0816796387 P 13 2021 ' 10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1 /4 NW 1/4 that is 353 .33 feet South 2°21 ' 10" West from the Northeast comer of said NW 1/4 NW 114; thence South 2.`21 ' 10" West along the east line of said NW 1/4 NW 1 /4 for 966.95 feet to the point of beginning, containing 10.47 acres more or less. 5. That the lands to be annexed havebeenaccurately dc-scribed and the prayer of the Petitioner is right and proper.. IT IS THEREFORE CONSIDEREDORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall be and hereby is amended and modified in order that the above-described lands be and hereby arc, annexed to and hereby made a part of the City-of Fayetteville, Washington County, Arkansas. 77 N NO 9LP JtftY HUNTON, COUNTY JUDGE 537363. 1 -222101!001 ut 2 FROM ( FRI ) FEB 10 2006 14 : 41 /ST . 14 : 38 /No. 6816796387 P 14 �t:asT State of Arkansas oe 4 Secretary of State m-1 8uslnes3 h Gnnmemlal Sesrices 61S2J409 m Ay rlettio a 0382.5070 nunding C Grounds 6523407 4@�t,,ynB cullimunlutlons K eduta6no 693.0057 state capitol eolke 682-3173 charlie Daniels nuslne omce 682.5032 Secretary of state InfwmMlon recnnolog _ 682-3411 O September 6, 2005 M rf = n The Honorable Karen Combs Pritchard ? T Washington County Clerk " — °D r m q, 280 North College, Suite 300 s C. -a 0 " Fayetteville, AR 72701 C, m a Dear Mrs. Pritchard: 3r m =' o Ln The Following Information has been recorded and filed in the Office of the Spec&ary of State: Date: 9/6/2005 County: Washington City: Farmington Annexation: Ordinance No. 4720 Co. Order No. - 2005-7 Plat X Election aANNFJLF,LECTION» Island «ISLAND„ Incorporation: Ordinance No. rDATE_FILED* Co. Order No. «(NCCOORDNO» Plat dINCPLAT* Election Census Information . «FIRSTCLASSCITYo 1 st Class City 2nd Class City Incorporated Town dINCfOWN» I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1 -800-48L- 1127 or 682-3451 . Sincerely, Alesha L. Harris Election Services Representative Room 266 State Capitol a Little Rock, ArtianSW 72201. 1094 501 -682. 101 O e Pax 5O 1 .682.35 i 0 e-mall_ arsosesosmail.state.arms • Wsvar.so8.alltaa ,90v City Council Octing of July 05, 2005 g7cp O Agenda Item Number /� / y CITY COUNCIL AGENDA MEMO /`�9"'�l��y, 7 To: Mayor and City Council Idp Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 15, 2005 Subject: Annexation for Benton Development (ANX 05- 1495) RECOMMENDATION Planning Staff recommends approval of the requested annexation submitted by Benton Development for a 10.47-acre tract owned by the Haynes and located west of W. Salem Road and south of Wier Road. This action will incorporate the 10.47-acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains approximately 10.47 acres owned by the Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs Subdivision Phase I. At this time, the property is currently vacant and located within the Planning Area. Annexation of the property will not create an island of unincorporated property or create a peninsula of City property. The applicant has coordinated with City staff and the Circuit Clerk to revise the legal description on the Order of Annexation to request annexation of property that will create an acceptable city boundary. Staff recommended the annexation of this property to ensure development in accordance with City Ordinances. Water and sewer service shall be extended to the property at the time of development. Improvements to the existing infrastructure adjacent to this site and construction of streets in compliance with the Master Street Plan will be required at the time of development. City fire and police currently service the adjoining neighborhoods. The applicant requested annexation of the property into the City of Fayetteville. A rezoning request has also been submitted, for RSF-4 zoning. The applicant intends to develop the property for residential use within the City of Fayetteville. Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits, and future development of the area may be consistent and compatible to surrounding subdivisions should the property be annexed into the City of Fayetteville. DISCUSSION - This item was heard at the regular Planning Commission on June 13, 2005. The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommend of approval. BUDGETIMPACT None. Leif on mid/nJ 0715 /10,5 ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1495 FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WEIR ROAD AND SALEM ROAD, CONTAINING 10.47 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: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. Four. PASSED and APPROVED this day of 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" ANX 05-1495 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1/4 NW 1/4 AND RUN THENCE NORTH 87°36'20" WEST ALONG THE SOUTH LINE OF SAID NW 1/4 NW 1/4 FOR 662.41 FEET; THENCE NORTH 3°10'04" EAST FOR 422.59 FEET; THENCE NORTH 90°00'00" EAST FOR 309.29 FEET TO A POINT THAT IS 347.66 FEET WEST OF THE EAST LINE OF SAID NW 1/4 NW 1/4; THENCE NORTH 2°21 `10" EAST FOR 453.65 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD NO. 94; THENCE NORTH 79°45'52" EAST ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD NO. 94 FOR 355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1/4 NW 1/4 THAT IS 353.33 FEET SOUTH 2021'10" WEST FROM THE NORTHEAST CORNER OF SAID NW 1/4 NW 1/4; THENCE SOUTH 2'21'10" WEST ALONG THE EAST LINE OF SAID NW 1/4 NW 1/4 FOR 966.95 FEET TO THE POINT OF BEGINNING, CONTAINING 10.47 ACRES MORE OR LESS. 0) PC Meeting of June 13, 2005 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 8, 2005 ANX 05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING, INC. for property located at SW CORNER WEIR AND SALEM RD. The property is in the Planning Area and contains approximately 10.47 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: JACK & JOAN HAYNES 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): PLANNING COMMISSION ACTION: Required YES Approved O Denied Date: June 13, 2005 0�k /Try k�)o 16 -b -O COUNCIL ACTION: Required YES O Approved O Denied July 05, 2005 (1st reading if recommended) BACKGROUND: Property description: The subject property contains approximately 10.47 acres owned by the Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs Subdivision Phase I. At this time, the property is currently vacant and located within the Planning Area. Proposal: The applicant proposes annexation of 10.47 acres into the City of Fayetteville. Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits, and future development of the area may be consistent and compatible to surrounding subdivisions should the property be annexed into the City of Fayetteville. K:IReportsld005PC Reportr106-13-05WNX05-1495 (Benton Development LLQ.doc SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes on large lots Planning Area South Single SD) family residential (Salem Meadows RSF-4, Res. Single -Family — 4 units/acre East Single Family residential (Crystal Springs Ph. I SD) RSF-4, Res. Single -Family — 4 units/acre West Single family homes on large lots Planning Area INFRASTRUCTURE: Streets: Currently the site has access to Salem Road along the east side and Weir Road on the north side. Both streets are collectors. Gypsum Drive to the east is planned as a collector to connect to Weir Road on the north part of the property. Any change in the Master Street Plan shall be approved by the Fayetteville City Council. Road improvements required for Salem Road and Weir Road along the property are to include: right-of-way dedication, pavement 14' from centerline, curb and gutter, storm drainage, and sidewalks. Surrounding Master Street Plan Streets: North: Weir Rd. (Local) Gypsum Dr. (Collector - Unconstructed) East: W. Salem Rd. (Collector) West: Salem Rd. (Collector) Water: Public water is adjacent to the site. There are existing water stub -outs from development on the south and the east sides of the development. There is an 8" main along Salem Road to the south of the property, and a 2" main along the north side of the property. There may be additional assessments for the water system improvements along Salem Road. Water service would need to be extended within the property at the time of development. Minimum size of new water mains is 8". Additional connections shall be required to complete a looped system. No long range improvements to the water system are planned at this time for this area. A study of the water supply shall be conducted at the cost of the developer prior to development. Sewer: The site does have access sanitary sewer through development to the south. Minimum size of new sewer mains is 8". Sewer would need to be extended within the property. A capacity analysis of the downstream sewer lines shall be conducted and a capacity analysis of the lift stations downstream of the site shall be conducted prior to development at the cost of the developer. Fire: The subject property is located approximately 2.6 miles from the Fire Station #7 Response time to the property is approximately 6 minutes. K.' IReporu12005NC Reporu106-13-05W NX 05-1495 (Benton Development LLQ.doc •) 0; Police: It is the opinion of the Fayetteville Police Department 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. LAND USE PLAN: General Plan 2020 identifies the portion of this property within the Planning Area as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: Annexation of the property will not create an island of unincorporated property or a peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the City Limits to the south and east. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area is currently vacant at this time and located east of Crystal Springs Phase I and north of Salem Meadows Subdivision. The property does not consist of defined subdivisions or neighborhoods; however, future development plans include residential development of the property. Annexation of the property to allow for Planning Commission review of development in accordance with City standards is recommended. I I.6.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed city boundary, should the subject property be annexed, does not follow natural corridors. It encompasses one parcel of property and a portion of another. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 6 minutes for fire protection from Fire Station #7. Extension of water and sewer lines shall occur at the time of development. K. IReporis120051PC Reports106-13-05WNX05-1495 (Benton Dc elopment LLC).doc 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: The property is mainly cleared pasture land with few trees, mostly surrounding an existing pond on the property. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. 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 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. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service shall be provided to this area with the same level of response and service as other developments in this area. 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 the surrounding areas. 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 the surrounding street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. Water is located adjacent to the KAReporu12005NC Reporu106-13-05WNX05-1495 (Benton Development LLQ.doc site; however, additional connections shall be required to complete a looped system. A study of the water supply shall be conducted at the cost of the developer prior to development as there are no long range improvements to the water system are planned at this time for this area. Sewer is also located adjacent to the site, and a capacity analysis of the downstream sewer lines and a capacity analysis of the lift stations downstream of the site shall be required to be conducted prior to development and at the cost of the developer. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the city. INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 11.6.0 Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. The property owners request for annexation and request to rezone this property 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. Staff finds that this zoning designation is compatible with that of the property being developed to the south. 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 property. 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 develop the property, the applicant will be required to submit project K. Tepor4020051PC Repor x106 -13-05W NX 05-1495 (Renton Development LLQ.do plans for review and approval by the Planning Commission, 11.6.r Residents should be fully informed of annexation activities. Finding: Adjoining neighbors have been notified of the annexation request. A legal ad and display have both been submitted with a local newspaper prior to the Planning Commission meeting for which this item is scheduled. 11.6.w Encourage larger annexations to create acceptable boundaries. Finding: This annexation consists of 10.47 acres owned by the Haynes, with the applicant of this annexation request being Benton Development. At the time the original application for annexation was submitted to the Planning Division, the applicant requested annexation of two parcels of property, one of which had an irregular configuration that included a 20 -foot wide strip that extended from Weir Road south to the northwest corner of the subject property. This configuration would have created an unacceptable city boundary by enclosing a parcel of property within the Planning Area on the east, west, and south (see attached map). The applicant requested that this item be tabled at the May 23, 2005 Planning Commission to resolve this issue. The applicant has subsequently received an Amended Order of Annexation to exclude a portion of the property and result in a more desirable city boundary. The owner may apply for annexation of this 20 -foot strip of property in the near future, as the owner of the adjacent property which would have been enclosed on three sides by City property has expressed a desire to annex into the City. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 10.47 acres. K.Weporis12005PC ReporM06-l3-05WNX05-/495 (Benson Development LLQ.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. 11.6.6 Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11.6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. 11.6.1 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 11.6j Areas currently served by utilities and other public services should be annexed. 11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 1 1.6.1 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. 11.6.1 Conduct a fiscal impact assessments on large annexations. K:IReporaL?005PC Reports106-13-05WNX 05-1495 (Renton Development LLQ.doc •1 •) May 16, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, In reference to ANX05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING INC, for property located at SW CORNER OF WEIR AND SALEM ROAD. The property is in the Planning Area and contains approximately 10.66 acres. The request is to annex the subject property into the City of Fayetteville. It is the opinion of the Fayetteville Police Department 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. Individually, each of these annexations and rezoning 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. Sincerely, Captain William Brown Fayetteville Police Department 0 a-" u Eg.OOO�Oro 30 O O N N K d a` W 0 Eg.O(oornOv w m O « y m 0 a E a r N R m J CL (Tvm�m o. a . A E a d u ro O m u O O O O O p Z K D . N N 1 U N m a O t+1 � O Y a a E m m a�Ni d CD YNd. m - E 6 z o o E O E E E 0 a n o x LO LO to 3 w 1 00 In (O d 4) o Y d N N N r w C m J J J y N a E E E o %a m to m d cl E m � aNi C L O ami ami a E 3 E E > .� O N 00 (O w` 0 N d y C O co M r� 2 LL� U N y C b M M n O O m M M ('? M (O O d V V a O Q N NCL a C) W d O m U) (n (n d k W W W } } } LL c d Q d E O O O d L C, a O L O O>> LL C C Z d d d a Y Y (D� p 0 a N N p p c c N C C d d O O C C U U p p m m m m m m m o < a < a e m E6LhLhLh.-IA y6 N Yf N N H y x z x z x z a aa aa`� G3 BENTON DEVELOPMENT. LLC - SALEM ROAD ANNEXATION a REZONING PROPERTY SUBMITTAL PROPERTY DESCRIPTION: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Beginning at the southeast corner of said NW 1/4 NW 1/4 and run thence North 87°36'20" West along the south line of said NW 1/4 NW 1/4 for 662.41 feet; thence North 3°10'04" East for 422.59 feet; thence North 90°00'00" East for 309.29 feet to a point that is 347.66 feet west of the east line of said NW 1/4 NW Y<, thence North 2'21'10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1/4 NW 1/4 that is 353.33 feet South 2°21' 10" West from the Northeast comer of said NW 1/4 NW 1/4; thence South 2'21'10" West along the east line of said NW 1/4 NW 1/4 for 966.95 feet to the point of beginning, containing 10.47 acres more or less. EXHIBIT "A" 4 � a� HZ EN&(4MRI'jG X6 MALlIrell01]:LvIaIle Mm i=0Irol►l■1l:LTIaw• City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 5 -Jul -05 City Council Meeting Date Jeremy Pate Submitted By NX 05-1495: (BENTON Planning Division Action Operations Department property located at the iwest corner Wier Road and Salem Road. The property is in the Planning Area and contains approximately 10.47 acres. request is to annex the subject property into the City of Fayetteville. Cost of this request n/a Account Number n/a Project Number Budgeted Item Finahce and Internal Service Director Mayor n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached n/a Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a 05 Date Original Contract Date: n/a Original Contract Number: n/a to^2o - pl Received in City Clerk's Office �o Date Received in Mayor's Office ao Date From: Clarice Pearman To: Pate, Jeremy Date: 8/4/05 12:06PM Subject: Ord. 4720, Ord. 4721 & Ord. 4729 Jeremy, Sorry for the delay the mayor was out of the office until August 1. 1 finally got the resolutions and ordinances signed from the July 19, 2005. Attached is a copy of the ordinance passed by City Council regarding RZN 05-1495, RZN 05-1502 and RZN 05-1523. CC: Goddard, John; Jorgensen, Todd; Randall, Clyde A I I "Norduvest Arkgnsas"Most Wu p# Read Ne4"Pd serIt AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the 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: /? 7/4 was inserted in the regular editions on PO# ** Publication Charge: $ /� 9A Subscribed and sworn to before me this day of L2,1v 2005. ORDINANCE NO.a7no T7e I AN ORDINANCE ANND(ING THAT PROPERTYDESCRIBED IN ANNEXATIONR PROPERTY PETfTIONANX0SEST1495 CORNER OF EIR ROD AND SALETHE M ROi CONTAINING 10.47 ACRFB / Notary Public ARKANSAS t Sharlene D. Williams EEa ORDAINED By THE CRY COUNCIL OF i THE Cr"OF FAYEYYEVILLE, ARNANSAS: Notary Public A , My Commission ExpiresgtatP of Arkancac Section 1: That the City Council heaa yconflnnsthe ohnexetiontothe City ofFayetawtua.A ;:of that Property descnbed in E131ib1t -A- attached howeto and made a pert hereof. A M Commission Expires [ Y P Section 2: That the official map of the City of Fayetteville, Arkansas. is hereby amerdetl to reflect the October 18, 2014 change pn vded in Section 1 scare. J y, * Section 3: That the official zoning map of the City of Feyettadue, Arkmtsas is hereby amended to assign Please do not pay from Affidavit. the zoning desgatbnpfR- ResdengilA9r�tpraltothesubjectprop".. An invoice will be sent. Section 4: That the above-descrioodproper,y is hereby assigned to ward No,FPw. GASSED ail APPROVED this 19th day of J*,, 2005. APPROVED: DAN COODY, Ideyor ATTEST: SONDIUI SEWN, CMV Clark , RECEIVED @C-tBTT'A' AW 115-1495THAT PART � AUG 12 20051 TOWNSHIP 10 NORTH, RANGES 0 WEST, MORE MORES FULLY DESCRIBED ED AS FOLL EOTER OF THE NORTHWEST M F SEC ON 32, CITY OF FAYETTEVILLE BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1/4 NW 1/4 AND RUN THENCE NORTH 87°36'20' WEST ALONG THE SOUR -1 NW UNE OF SAID 1/4, NW 1/4 FOR 662.41 FEET, THENCE ' CITY CLERK'S OFFICE NORTH 3°10'04' EAST FOR 422.59 FEET, THENCE NORTH 90°00'00" EAST FOP 309.29 FEET TO A POINT THAT IS 347.66 FEET WEST OF THE EAST LINE OF SAID NW 1/4 NW 1/4; THENCE NORTH 2°21'10' FAST FOR 453.65 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD , NO. 94; THENCE NORTH 79°45'52' EAST ALONG THE CENTERUNE OF SAID WASHINGTON COUN. TY ROAD NO. 94 FUTqFi 355.92 FEET TO A POINT ON THE EAST UNE OF SAID NW 1/4 NW 1/4 THAT IS 353.33 FEET SOUTH 2°21'10" EST FROM THE NORTHEAST CORNER OF SAID" 1/4 NW 1%4; d THENCE SOUTH 2°21'10' EST ALONG THE EAST UNE OF SAID NW 1/4 NW,1/4 FOR 966.95 FEET P.O. BOX 1607 9 212 N. EAST AVENUE FAYETTEVII TOTHE POINT OF BEGINNING, CONTAINING 10.47 ACf1E,5 MORE OR LESS. IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS In re: FILED 2005 JUN 1 Af7 8 �3 ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FAYETTEVILLE,,"KArd6AbS PRITCI-lAr1 ,, Case No. 2005-7 CO. & PJJR��0B��AppTE CLERK, AMENDED ORDE OIF WN}#fATION Now on this day of May, 2005, comes on for hearing the request by Petitioners to amend the previous Order of Annexation filed for record April 4, 2005, and the Court being well and sufficiently advised in the premises, finds as follows: 1. That the previous Order of Annexation filed for record April 4, 2005 was, in all respects, proper and did fully and completely annex the property described therein to the City of Fayetteville, Washington County, Arkansas. 2. That the Amended Order of Annexation filed for record 5/`° l o 5 failed to include the word "beginning" in the legal description, and therefore said Order should be further amended. 3. That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of Annexation should be deleted so as to provide even and uniform boundaries of the annexed property. 4. That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be annexed is that property situated in Washington County, Arkansas, to wit: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Beginning at the southeast comer of said NW 1/4 NW 1/4 and run thence North 87°36'20" West along the south line of said NW 1/4 NW 1/4 for 662.41 feet; thence North 3°10'04" East for 422.59 feet; thence North 90°00'00" East for 309.29 feet to a point that is 347.66 feet west of the east line of said NW 1/4 NW V4. thence North 2°21'10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1/4 NW 1/4 that is 353.33 feet South 221'10" West from the Northeast corner of said NW 1/4 NW 1/4; thence South 2'21'10" West along the east line of said NW 1/4 NW 1/4 for 966.95 feet to the point of beginning, containing 10.47 acres more or less. 5. That the lands to be annexed have been accurately described and the prayer of the Petitioner is right and proper. IT IS THEREFORE CONSIDERED ORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall be and hereby is amended and modified in order that the above -described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. 537363.1:222101:00150 OQNOR4E JERRY HUNTON, COUNTY JUDGE 2 FROM (MON)AUG 29 2005 9:42/ST. 9:41/No.6816796975 P 2 ORDINANCE NO, 4720 �: o Y. e rn AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED?31�MD CO) ANNEXATION PETITION ANX 05-1495 FOR PROPERTY LOCAT �i C> w " AT THE SOUTHWEST CORNER OF WEIR ROAD AND SAL 0 m ROAD, CONTAINING 10.47 ACRES = n N o m v 3 C-3 A � BE IT ORDAINED BY THE CITY COUNCIL OF THE (J.q c�F FAYE7TE,VILLE, ARKANSAS: v 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: That 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. Four. PASSED and APPROVED this 19t day of July, 2005. APPROVED: y awl :FAYEITEVILLE: 0 z By: ATTEST: •noun... _/ By:-*�/bt 1 SONDRA SMITH, City Clerk oze DAN COODY, Mayor Doe ID. 0090174110002 Tvoe: REL Recorded: 09/23/20011 at 11:90:22 AM Foe Amt: $11.00 Palle t of 2 Vaehlnoton Countv. AR Betts Staws.Clroult-Clerk FLLe2005-00037063 FROM 0 (MON)AUG 29 2005 9: 42/ST 9:41/No.6816796975 P 3 EXHIBIT "A" ANX 05-1495 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, .MORE -FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1/4 NW 1/4 AND RUN THENCE NORTH 87°36'20" WEST. ALONG THE SOUTH LINE OF SAID NW 1/4 NW 1/4 FOR 662.41 FEET; THENCE NORTH 3°10'04" EAST FOR 422.59 -FEET; THENCE NORTH 90°00'00" EAST FOR 309.29 FEET, TO A POINT THAT IS 347.66 FEET -WEST OF THE -EAST LINE.OF-SAID .NW -1/4 NW -1/4; THENCENORTH 2°21`10" EAST FOR 453.65 FEET TO A POINT IN THE CENTER OF. WASHINGTON COUNTY ROAD NO. -94, THENCE NORTH 79°45'52" -FAST' ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD NO-. 94 FOR 355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1/4 NW 1/4 THAT IS 353.33 FEET SOUTH 20219 10" WEST FROM THE NORTHEAST CORNER OF SAID NW 1/4 NW 1/4; THENCE SOUTH 2°21'10" WEST ALONG THE EAST LINE OF SAID NW 1/4 NW 1/4 FOR 966.95 FL -£T TO THE POINT OF BEGINNING, CONTAINING 10.47 ACRES MORE OR LESS. FROM (MON)AUG 29 2005 9:42/ST. 9:41%No.6816796975 P 4 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS .FILED In re: . r2' ANNEXATION OF PROPERTY CONTIGUOUS 'JUN 1 R�1 8 TO THE CITY OF FAYETTEVILLE,RKANSAS �,Z�If COMBS PRIL6 tif A 4 .2005-7 �. PR08ATE CLERIC :•t.�H�t�GGTON-CO.-ARK SECOND AMENDED ORDER OAWE sF Now on this _cf/ 77day of May, 2005, comes on for hearing the request by Petitioners to amend the previous Order of Annexation filed tot record April 4, 2005, and the Court being well and sufficiently advised in the premises, finds as follows: That the previous Order of Annexation filed for record April 4, 2005 was, in all respects, proper and did fully and completely annex the property described therein to the City o1' Fayetteville, Washington County, Arkansas. That the Amended Order of Annexation tiled for record 5��ro�o5 tailed to include the word "beginning"_in the legal description, and therefore said Order should be further ny11 I 3. That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of Annexation should he deleted so as to provide even and uniform boundaries of the annexed property. 4. That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be annexed is that property situated in Washington County, Arkansas, to wit: That _part .of the Northwest _Quarter of the Northwest Quarter of Section 32, Township 17 North,.Range 30 West, more fully described - as -follows: Beginning -at -the southeas1-comer-of said NW -1/4 NW -1/4 and run thence North R7°36'20" West along the south line of said NW 1/4 NW -1/4 for 662.41 -feet thence North 3°10'04" East -for -422:59 feet; thence -North 90°00'00" East for 309.29 feet to _a -point that is 347.66 feet west of the east line of said NW 1/4 NW '/., thence North Via: s3 FROM (MON)AUG 29 2005 9:43/ST 9:41/No.6816195975 P 5 2021'10" East for 453.65 feet to a_point in the center of Washington County Road No. 94; thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 355.92 teet.to a point on the east line of said NW 1/4 NW 1/4 that is 353.33 feet South2°21'10" West from the Northeast corner of said NW 1/4 NW 1/4; thence South 2°21'10" West along the east line of said NW 1/4 NW 1/4 for 966.95 feet to the point of beginning, containing 10.47 acres more or less. 5. That the lands to be annexed have been accurately described and the prayer of the Petitioner is right and proper. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall be and hereby is amended and modified in order that the above -described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County. Arkansas. 537363.1:222101:(0 150 N NO BLk,-&ftY HUNTON; COUNTY JUDGE FROM (MON)RUG 29 2005 9:43/ST. 9:41/No.6816796975 P 6 FROM :N4AaRK FAX NO..:4797517150 M08 3005 11:33AM P6 z W 0 �g n Y� fY a.Y1i�Y�M V}III�IX.M1III F ._ � YV- _ Y " F .. TM C•»a"rVl �.. .•ry�:r"�7'J c *.rig. FROM (MON)AUG 29 2005 9A2/ST EJ 9:41/No.6816796975 P 1 State of Arkansas Washington County Courthouse 280 North College Ave, Suite 300 Fayetteville, AR 72701 Telephone: (479)-444-1711 Fax: {479)-444-1894 FAX TRANSMISSION To: Fayetteville City Clerk's Office Date: Clarice Fax 0: 718.7695 From: Jennifer Sharpshair Subject: Finalization for CC2005-7. August 29, 2005 Pages: 6, including cover sheet