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HomeMy WebLinkAboutOrdinance 4808 Doc ID : 009572860002 TVDe : REL Recorded : 01/20/2006 at 03 : 57 : 57 PM Fee Amt : $11 . 00 Paae 1 of 2 Mashlnaton Countv . AR Bette Stamos Circuit Clerk ORDINANCE NO. 4808 File2006�00002859 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1811 FOR PROPERTY LOCATED NORTH OF HWY 16E, NORTH OF DEERFIELD WAY, CONTAINING 3 .75 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 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. One. PASSED and APPROVED this 20th day of December, 2005. APPROVED: ks By: ; FAYETTEVILLE ; = DAN COODY, Mayor ATTEST: %9sy:QkANSPS �' o_ J dill 11110 ; „ �� N �7CD By: J I SONDRA SMITH, City Clerk F de acas- 3 Ca EXHIBIT "A" ANX 05-1811 (Corrected legal description) A PART OF THE EAST HALF OF THE NORTHWEST QUARTER (NWl /4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W1 /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87022'31 "E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1 /4) OF THE NORTHWEST QUARTER (NW 1/4), THENCE S87022131 "E 1312.95 FEET; TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NW1 /4), THENCE ALONE THE EAST BOUNDARY OF SAID NORTHWEST QUARTER (NW1 /4) NO2041110"E 1318.80 FEET TO THE NORTHEAST CORNER OF SOUTHEAST QUARTER (SEI/4) OF NORTHWEST QUARTER (NW1/4); THENCE S02041 ' 10"W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF EXISTING CITY LIMITS AND DEERFIELD PLACE; THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 517.99 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN: THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 350.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT; THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND EAST BOUNDARY ' OF PROPOSED WATER BROOK SUBDIVISION NO2041 '0911E 468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMTS BOUNDARY S87016'57"E 74.64 FEET TO A SET IRON PIN; THENCE LEAVING SAID CITY LIMITS S86056' 16"E 275 .36 FEET TO A SET IRON PIN; THENCE S02041 '09"W 465 .63 FEET TO THE POINT OF BEGINNING, CONTAINING 3 .754 ACRES, MORE OR LESS, WASHINGTON COUNTY, FAYETTEVILLE, ARKANSAS. w Washington County, AR certify this instrument was filer! on 01/20/2008 03:57:57 PM and recorded in Real Estate File Number 2008- Bette Stam 00002859 Psi- Circuit Clerk by U OR 4 City of Fayetteville y Staff Review Form City Council Agenda Items or l� Contracts 20-Dec-05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ANX 05- 1811 : (SUMMER RESOURCES, 571 ): Submitted by Mel Milholland for property located at north of HWY 16E, north of Deerfield Way. The property is in the Planning Area and contains approximately 3.75 acres. The request is to annex the subject property into the City of Fayetteville. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached `- Previous Ordinance or Resolution # n/a Departmentire Date Original Contract Date: n/a Original Contract Number: n/a i y Attorney Received in City Clerk's Office E 12, 65 I Finance and Internal Service Director Date 4 �p� 1d& Received in Mayor's Office ENTERED 1 Mayor Da,26 te Comments: City Council Meeting of December 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: November 29, 2005 Subject: Annexation for Summer Resources (ANX 05- 1811 ) RECOMMENDATION The Planning staff recommends approval of the subject annexation request submitted by Mel Milholland for approximately 3 .75 acres of property located north of HWY 16E and north of Deerfield Way. This action will incorporate the 3 .75-acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains 3 .75-acres and is located north of Huntsville Road (Hwy 16 East) and west of Mally Wagnon Road. The property is adjacent to Deerfield Way Subdivision to the south and Water Brook Phases 1 and II to the west. This tract was created by a lot split, which was approved by the Subdivision Committee on September 29, 2005. The approved lot split can not be filed until the subject property is annexed into the City of Fayetteville and a deed is received for parkland dedication. The Park Recreation Advisory Board recommended parkland dedication of 2.76 acres to fulfill the requirements for Water Brook Phase I and 11. The remaining 0.99 acres will be evaluated as a possible off-site Tree Preservation Easement Area. Annexation of the property will not create an island of unincorporated property or create a peninsula of City property. Annexation of the subject property begins to `fill in" land that is surrounded to the west and south by incorporated property and to the north and east by Mally Wagnon Road and the White River; creating a more desirable city boundary, and ensuring that development of the property is compliant with City regulations within an appropriate zoning district. DISCUSSION This item was heard at the regular Planning Commission on November 28, 2005 . The Planning Commission voted 9-0-0 to recommend approval of this annexation request to the City Council . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1811 FOR PROPERTY LOCATED NORTH OF HWY 16E, NORTH OF DEERFIELD WAY, CONTAINING 3 .75 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : 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 herebyassigned to Ward No. One. PASSED and APPROVED this _day of 12005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" ANX 05- 1811 A PART OF THE EAST HALF OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W I /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87022'31 "E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SWI /4) OF THE NORTHWEST QUARTER (NW 1 /4), THENCE S87°22'31 "E 1312.95 FEET; TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NW I /4), THENCE ALONE THE EAST BOUNDARY OF SAID NORTHWEST QUARTER (NW1 /4) NO2041110" E 1318.80 FEET TO THE NORTHEAST CORNER OF SOUTHEAST QUARTER (SEI /4) OF NORTHWEST QUARTER (NW 1 /4); THENCE S02041 ' 10"W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF EXISTING CITY LIMITS AND DEERFIELD PLACE; THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 517.99 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN : THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 350.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT; THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION NO204110911E 468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMTS BOUNDARY S87016'57"E 74.64TEET TO A SET IRON PIN ; THENCE S02°41 '09"W 465 .63 FEET TO THE POINT OF BEGINNING, CONTAINING 3 .754 ACRES, MORE OR LESS, WASHINGTON COUNTY; FAYETTEVILLE, ARKANSAS. • Tye evl e PC Meeting of November 28 , 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: November 21 , 2005 ANX 05- 1811 : (SUMMER RESOURCES, 571 ): Submitted by MEL MILHOLLAND for property located at N OF HWY 16E, N OF DEERFIELD WAY. The property is in the Planning Area and contains approximately 3 .75 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: SUMMER RESOURCES Planner: JESSE FULCHER RECOMMENDATION : Staff recommends approval of the requested annexation based on the findings included as part of this report: PLANNING COMMISSION ACTION: Required ' , . YES : , ✓Forwarded 0 Denied Date: 'November 28,2005 Anthes/Trartibo2 94-0 : CITY COUNCIL:ACEION: Required YES ❑ Approved O Denied Date: ''December, 20;2005 (1st reading if recommended) BACKGROUND : Property description: The subject property contains 3 .75-acres and is located north of Huntsville Road (Hwy 16 East) and west of Mally Wagnon Road. The property is adjacent to Deerfield Way Subdivision to the south and Water Brook Phases I and 11 to the west. This tract was created by a lot split, which was approved by the Subdivision Committee on September 29, 2005. The approved lot split can not be filed until the subject property is annexed into the City of Fayetteville and a deed is received for parkland dedication. The Park Recreation Advisory Board recommended parkland dedication of 2.76 acres to fulfill the requirements for Water Brook Phase I and ll. The remaining 0.99 acres will be evaluated as a possible off-site Tree Preservation Easement Area. Proposal: The applicant proposes annexation of 3 . 75 acres into the City of Fayetteville. K.I Reports110051PC Reporall1-18-05UNX 05-8/ l (Summer Resources).doc Recommendation: Staff recommends approval of the proposed annexation based on the findings herein. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North West Fork of the White River; pasture Planning Area South Deerfield Subdivision RSF-4, Res. Single Family — 4 units/acre East Storage Facility Planning Area West Water Brook Phase I and 11 RSF-4, Res. Single Family — 4 units/acre INFRASTRUCTURE : Streets: The parkland will have street frontage within Water Brook Phase 1. Nearby Master Street Plan Streets: South: Country Ridge and Deerfield Way (Local) East: Mally Wagnon (Collector), West: Proposed street for Water Brook Phase I (Residential) Water: Public water is adjacent to the site within Phase I of Water Brook Sewer: Public sewer is adjacent to the site within Phase I of Water Brook Fire: The subject property is located approximately 4.3 miles from the Fire Station #5 with a projected response time of 7.75 minutes. After station 3 is built at the corner of Happy Hollow Road and Huntsville Road, the distance will be reduced to 3 .3 miles with an anticipated response time of 5 .5 minutes. The Fire Department does not figure calls for service on properties that are only being considered for annexation. 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 K:IReportd20051PC Reponslll-28-05L4NX 05-1811 (Summer Resources).doc island or peninsula. Finding: Annexation of the property will not create an island or a peninsula. Due to rapid growth, the City of Fayetteville in the 1960's annexed a peninsula of property to incorporate Lake Sequoyah, a primary water source, within the city limits. Since this time, the City has annexed several properties north and south of the 600' Huntsville Road corridor. Annexation of the subject property begins to "fill in" land that is surrounded to the west and south by incorporated property and to the north and east by Mally Wagnon Road and the White River. Therefore, staff finds that the proposed annexation will not further exacerbate any problems associated with the current situation. 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 west and along a portion of the north property line. 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 adjacent to Deerfield Place Subdivision and Water Brook Phase I and 11. The property does not consist of defined subdivisions or neighborhoods; however, the subject property is a continuation of Water Brook Phase I and II. Additionally, the property will provide parkland dedication and possible tree preservation for Phase I and 11 of Water Brook Subdivision. 11 .6.d Boundaries for annexed areas should follow natural condors. Finding: Proposed boundaries follow property lines of the existing parcels. The western and southern property lines of the property are entirely adjacent to incorporated property. 1 1 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 7.75 minutes for fire protection from Fire Station #5. Response times are anticipated to be reduced with the construction of a new fire station on Huntsville Road at the Tyson Plant. 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. K-Weporul2005lPCReporaill-28-05LINX05-1811 (Summer Resources).doc Finding: The property has a dense tree canopy which will be within the parkland dedication boundary. EMERGENCY AND PUBLIC SERVICES 11 .6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: 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. 11 .6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police currently serve subdivisions to the south of the subject property. 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 terns 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 1 1 .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. The subject property is not being served by city utilities at this time. 11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Improvements to sewer and street systems and installation of fire hydrants are required for Water Brook Phases 1 and II. This property will be utilized for parkland dedication. 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. The annexation of this property has been discussed and reviewed in K:1Reporu110051PC Reporis111-18-05W NX 05-1811 (Summer Rescurces).doc association with Water Brook Phase I and 11. INTERGOVERNMENTAL RELATIONS 1 1 .6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11 .6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 11 .6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. There are no requests to rezone this property at this time. 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. As required for Water Brook Phases I and 11, this property will be dedicated for parkland. 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 3.75 acres owned by Summer Resources. It is directly associated with a larger overall tract that was annexed as part of the development for Water Brook Phase 1 and II. 11 .6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 3.75 acres. K:Wepora110051PCReporul11-18-05UNX05-1811 (Summer Resources).doc From Fayetteville General Plan 2020 — 2002 Revision 11 .6 Annexation Guiding Policies Boundaries 11 .6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. 11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11 .6.d Boundaries for annexed areas should follow natural corridors. 11 .6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11 .6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 1 1 .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 .6.j Areas currently served by utilities and other public services should be annexed. 11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 11 .6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations 11 .6.m Promote long-range planning with adjacent jurisdictions. 11 .6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11 .6.o Designate zoning districts for the property during the annexation process. 11 .6.p An annexation study should be completed on all annexation proposals. 11 .6.q Development proposals require a separate review from the annexation proposals. 11 .6.r Residents should be fully informed of annexation activities. 11 .6.w Encourage larger annexations to create acceptable boundaries. 11 .6.t Conduct a fiscal impact assessments on large annexations. K:Wepora12005tPCReporalll-28-05L4NX05-1811 (Summer Resources).doc November 21, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed Annexation ANX 05-1811 (Summer Resources, 571) submitted by Mel Milholland for property located N of 16E, west of Deerfield Way 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. Sincerely, Captain William Brown Fayetteville Police Department 4' 3 CSr.Ifi95 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: November 21, 2005 To: Suzanne Morgan, Jeremy Pate, Andrew Gamer, and Jesse Fulcher From: Dale Riggins Subject: November 21, 2005 Re -zoning Review ANX05-1811: (Summer Resources, 571) These 8.58 acres is covered by Station 5 at 833 N Crossover. The property is 4.3 miles from the station with a projected response time of 7.75 minutes to this development. After Station 3 is built, at the corner of Happy Hollow and East Huntsville, the distance will be reduced to 3.3 miles with an anticipated response time of 5.5 minutes. The Fire Department does not figure calls for service on properties that are being considered for annexation. ANX05-1812 (McDonald/Bridgedale II, 569) RZN05-1813 (McDonald/Bridgedale II, 569) These 7.36 acres are covered by Engine 5 at 833 N Crossover. The property is 2.8 miles from the station with a projected response time of 6 minutes to this development. After Station 3 is built, on the comer of E Huntsville and Happy Hollow, the distance to the development will be reduced to 1.8 miles with an anticipated response time of 3.75 minutes. The Fire Department anticipates 7 calls for service (4 EMS & 3 Fire/Other) once the development is completed and maximum build -out has occurred. There should be no adverse effects on our call volume or response time to this development. PZD05-1734 (Paradise Point, 177) These 1.55 acres are covered by Engine 5 at 833 N Crossover. The property is 3.2 miles from the station with a projected response time of 7 minutes to this development. After Station 5 is relocated to the corner of Crossover and Old Wire, the distance to the development will be reduced to 1.1 miles with an anticipated response time of 2 minutes. The Fire Department anticipates 5 calls for service (3 EMS & 2 Fire/Other) once the development is completed and maximum build -out has occurred. If you have any questions please feel free to call or email me Dale Riggins Fayetteville Fire Department ae evl le PC Meeting of September 12, 2005 Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Scptcmbcr 7, 2005 September 15, 2005 PPL 05-1608: (WATER BROOK PHASE I, 571): Submitted by MEL MILHOLLAND for property located NORTH OF HUNTSVILLE ROAD, WEST OF DEERFIELD WAY. The property is zoned RSF-4, Residential Single Family, four units per acre and contains approximately 35.17 acres. The request is to approve a residential subdivision with 96 single family lots. Property Owner: FORREST & MODYNE LANE Submitted on behalf of: CLINT MCDONALD Planner: ANDREW GARNER Findings: Property: The subject property contains 35.17 acres and is north of Huntsville Road and west of Deerfield Way. Deerfield Subdivision is east of the property and an existing abandoned quarry that is filled with water is located north of the site. This property was recently annexed and rezoned RSF-4 for the development of a single family subdivision in June 2005. The site was until recently utilized for agricultural purposes. The West Fork of the White River is north of the site and a tributary of this river traverses the property to the west. The applicant proposes to create a subdivision with 96 single family lots. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North West Fork of the White River; pasture Planning Area South Vacant/Pasture RSF-4, Res. Single Family —4 units/acre East Residential Single Family Vacant/Pasture RSF-4, Res. Single Family -4 units/acre Planning Area West One Single Family Home; pasture Planning Area Water and Sewer: Water and sewer lines shall be extended to serve the proposed development. Adjacent Master Street Plan Streets: State Highway 16 (Huntsville Road) — principal arterial. K:IReportr120051PC Reports109-I2-051PPL 05-1608 (fluter Brook Phase I).doc Right-of-way to be dedicated: 55' right-of-way from the centerline of Huntsville Road, 40' right-of-way dedication for Street `1' and the southern portion of Street '3', and 50' right-of-way dedication for Street '2' and the northern section of Street '3'. Street Improvements: State Highway 16 (Huntsville Road) is the only major cast -west transportation corridor through south Fayetteville; providing the only connection for many subdivisions and communities east of the City. Huntsville Road is a two-lane roadway with shoulders and becomes congested during peak hours, particularly east of Highway 265 (Crossover Road). Staff finds that due to the existing congestion on Huntsville Road, and the proposed project contributing approximately 1,970 additional vehicle trips/day directly to this road, improvements are necessary to ensure that the project would not compound a dangerous traffic condition. Staff finds that the project development should include a middle turn lane on Huntsville Road along the project's frontage. Access: The proposed entrance into the subdivision is currently located west of Ed Edwards Road, a street south of Huntsville that serves existing residents and a large amount of vacant land. The entry does not line up with Ed Edwards Road on the opposite (south) side of Huntsville Road. Planning Commission determination of appropriate curb-cut/entrance is included as a condition of approval. Staff recommended, and the Subdivision Committee unanimously recommended, to forward this project with the proposed street aligned with Ed Edwards Road. Without this alignment, staff finds a dangerous traffic condition may result, especially with future turning movements and recommends denial of the proposal as presented. Connectivity: Connectivity is provided to the Deerfield Place subdivision to the east via Country Ridge Road. A temporary cul-de-sac in the northwestern portion of the site would provide future connectivity north to Water Brook Phase II subdivision. It would be very difficult to provide connectivity to the west due to steep topography associated with a tributary drainage to the West Fork of the White River located along the western property boundary. Connectivity to the west is not proposed. Tree Preservation. Recommendation: Existing: 6.10% Preserved: 2.74% Required: 6.10% Mitigation: Required, 121 trees Staff recommends approval of PPL 05-1608 with the following conditions: Conditions of Approval: Planning Commission determination of appropriate curb cut/subdivision entrance on Huntsville Road. Staff' recommends approval of the entrance into the subdivision as proposed. This entrance lines up with Ed Edwards Road on the south side of Huntsville Road opposite the site. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION K:IReporis120051PC ReportsI09-12-051PPL 05-1608 Maier Brook Phase /)aloe 2. Modifications to the street table shall be as follows on the preliminary plat: a. Street l: 40' right-of-way, 24' street with sidewalk on one side south of Country Ridge Road, transitioning to a 50' right-of-way, 28' street with sidewalk on both sides north of Country Ridge Road. b. Street 2: 50' right-of-way, 28' street with sidewalk on both sides from Highway 16 to Country Ridge Road, transitioning to a 40' right-of-way, 24' street with sidewalk on one side north of Country Ridge Road. c. Street 3: 40' right -way, 24' street with sidewalk on one side. 3. Planning Commission determination of street improvements. Staff recommends improvements on Huntsville Road (to be coordinated with the Arkansas Highway Department) to include a 12' center turn lane (total 36' pavement width), along the property frontage, 6' sidewalk at the right-of-way line per the Master Street Plan, street lights at maximum 300' separation, and storm drainage as required by City Engineering. The applicant has indicated that they are "unaware of City policy requiring the extent of recommended improvements for a center turn lane ". All on -site and off -site improvements are determined by the Planning Commission for each and every project, by City ordinance. All interior streets shall be constructed to City standards. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION 4. An east -west street connecting the northern cul-de-sacs for Phase I of Water Brook shall be constructed prior to the final plat of Phase 1. (The applicant anticipates this connection with the upcoming Phase 11 proposal). 5. A 6' sidewalk is required along Huntsville Road located at the right-of-way. If the applicant is amenable, staff recommends that 4' sidewalks be placed at the right-of-way on both sides of all proposed 40' right-of-way streets, although Master Street Plan standards only require sidewalk on one side of 40' right-of-way streets. Four -foot sidewalks shall be constructed on both sides of al 50' right-of-way streets, per the Master Street Plan. 6. The property line adjustment to create the lot for this subdivision shall be filed with the County of Washington prior to submission of construction documents to the City. 7. A floodplain permit is required prior to construction for any grading or structures in the flood zone. 8. Direct access to Huntsville Road shall be restricted from each adjacent lot. 9. Planning Commission determination of parkland dedication. The Park Recreation Advisory Board recommended parkland dedication of 2.76 acres by the developer prior to final plat. The land identified by the Park and Recreation Advisory Board is located outside the City limits. Prior to final plat and dedication of this land it must be annexed into the City. It should be noted that this parkland will fulfill the parkland requirements K:IReports120051PC Reports109-12-051PPL 05-1608 (Water Brook Phase 1).doc for Phases I and 11 of the Water Brook Subdivision. The land dedicated for parkland will receive some fill material from the construction of the subdivision, and a ravine in this area will also be converted into a drainage area. Prior to dedication of this parkland at final plat, the fill material shall be fine -graded with appropriate erosion control in place and the drainage improvements completed. Prior to construction of any type on the property to be accepted as parkland, appropriate tree protection and erosion control fencing shall be installed and inspected. On -site areas for delivery and storage of construction materials, on -site parking, cement trunk wash -out, and soil stockpiles need to be identified and noted on the plan. 12. Staff asks that the root pruning detail used on the west property line also be used along the east property line shared with the proposed park area. Utilities will be required to trench along this boundary where several significant trees are found. 13. The replacement of 35,053 square feet of canopy is required. On -site mitigation is recommended with a minimum of (121) 2 -inch caliper large tree. At time of final plat a planting plan, maintenance and monitoring plan, and associated three-year bonds to mitigate for the removal of excess tree canopy is required prior to Final Plat. If all trees can not be reasonably located on the property, with the approval of the Landscape Administrator, a combination of mitigation and monetary donation to the Tree Fund will be accepted. 14. Land adjacent to the proposed park land is being evaluated as a possible off -site Tree Preservation Easement Area. The review does not currently incorporate this area because it is found outside the city limits and was not included with the preliminary plat review. The land must be annexed and all procedures followed from the off -site preservation section of Fayetteville Code of Ordinances prior to Final Plat in order to utilize this option. 15. Street lights shall be installed or proof of payment received with a maximum separation of 300 feet along all streets, including Huntsville Road, prior to final plat. 16. Subdivision area signage shall be permitted in accordance with applicable city codes. 17. The location, height and placement of any landscaped entry feature shall be reviewed by City staff for compliance with ordinance regulations and maintained by the POA. 18. The installation of fence or walls shall be coordinated with all appropriate utility companies and staff to insure property placement. No structures shall be located within right-of-way. Standard Conditions of Approval: 19. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 20. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 21. Prior to application of signatures on the final plat, all punch list items shall be completed, including final acceptance of the lift station. 22. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 23. All street names shall be approved by the 911 coordinator. 24. Preliminary Plat approval shall be valid for one calendar year. Additional conditions: a. b. C. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: September 12, 2005 Comments: The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Date K: Repornl005NC Reporis109-I2-051PP1. 05 -/Mm (IDaler Brook Phase 1).doc 0 aye'FtteviI1e PC Meeting of October 10, 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: October , 2005 October 11, 2005 PPL 05-1699: Preliminary Plat (WATER BROOK I1, 571): Submitted by MEL MILHOLLAND for property located at N OF PHASE I AND HWY 16E, W OF DEERFIELD WAY. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 10.95 acres. The request is to approve Phase 11 of a residential subdivision with 21 single family lots proposed. Property Owner: Clint McDonald Findings: Planner: Andrew Garner Background: This project was tabled at the September 26, 2005 Planning Commission because the applicant was not present. This item was opened for public comment at that meeting and no public comments were made. Property: The subject property contains 10.98 acres and is north of Huntsville Road and west of Deerfield Way. Deerfield Subdivision is southeast of the property and an existing abandoned quarry that is filled with water is located on the site. This property was recently annexed and rezoned RSF-4 for the development of a single family subdivision in June 2005, and the Preliminary Plat for Phase 1 of Waterbrook was approved by the Planning Commission on September 12, 2005. The site is currently used for pasture. The West Fork of the White River is north of the site and a tributary of this river traverses the property to the west. The applicant proposes to create Phase 1I of the Waterbrook subdivision with 21 single family lots. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North West Fork of the White River; pasture Planning Area South Waterbrook Phase I Subdivision RSF-4, Res. Single Family -4 units/acre East Residential Single Family Vacant/Pasture RSF-4, Res. Single Family — 4 units/acre Planning Area West Pasture Planning Area K--lReporis120051PC Reportstl(1-10-051PPL 05-1699 (R'nter Brook Phase 11).doc Water and Sewer: Water and sewer lines shall be extended to serve the proposed development. Adjacent Master Street Plan Streets: State Highway 16 (Huntsville Road) — principal arterial. Right-of-way to be dedicated: 50' right-of-way dedication for Street `1' and 40' right-of-way dedication for Street '3'. Access: The proposed Phase II of Waterbrook will be accessed off of Street I from Phase I of Water Brook to the south. Connectivity: Connectivity is provided to Phase I of Waterbrook subdivision to the south via Street I and Street 3. The applicant proposes a 50' right-of-way stub -out extending approximately 400' from the temporary cul-de-sac at the end of Street 1. It would be very difficult to provide connectivity to the west due to steep topography associated with a tributary drainage to the West Fork of the White River located along the western property boundary. Connectivity to the west is not proposed. Tree Preservation: Existing: 38.79% Preserved: 31.66% Required: 25% Mitigation: Not required. Recommendation: Staff recommends approval of PPL 05-1699 with the following conditions: Conditions of Approval: Planning Commission determination of connectivity. Stafffinds that the existing cul-de- sac at the end of Street 1 provides adequate right-of-way stub -out for a future street connection to the north. Staff recommends that appropriate signage be installed to clearly indicate future right-of-way extension to the north. In addition to this northern stub -out, staff recommends one of the following options: (a) construction of the proposed approximately 400' street stub -out with a 50' right -of -width extending to the eastern property line with a sign placed at the property line indicating extension offuture street in the area; or (b) construction of a street stub -out extending to the eastern property line in the vicinity of lots 115 and 69 with a 50' right -of -width extending to the eastern property line with a sign placed at the property line indicating extension offuture street in the area. PLANNING COMMISSION FOUND IN FAVOR OF THIS CONDITION, CHOOSING OPTION `B' (10/10/05). 2. The property line adjustment to create the lot for this subdivision shall be filed with the County of Washington prior to submission of construction documents to the City. 3. Prior to final plat, a fence shall be constructed around the abandoned rock quarry for public safety purposes to prevent unauthorized access. K:IReports1NR151PC Reports110-/0-051PPL 05-1699 (11'aier Brook Phase /II.doc 4. A floodplain permit is required prior to construction for any grading or structures in the flood zone. 5. Parkland dedication of 2.76 acres by the developer prior to final plat. The land identified by the Park and Recreation Advisory Board is located outside the City limits. Prior to final plat and dedication of this land it must be annexed into the City. It should be noted that this parkland will fulfill the parkland requirements for Phases I and II of the Water Brook Subdivision. 6. The land dedicated for parkland will receive some fill material from the construction of the subdivision, and a ravine in this area will also be converted into a drainage area. Prior to dedication of this parkland at final plat, the fill material shall be fine -graded with appropriate erosion control in place and the drainage improvements completed. 7. With current revisions, all utility easements have been moved to the front leaving only building setback lines in the back. Since no disturbance will occur along the building setbacks in the rear of the property the tree protection fencing can be extending to the property line. 8. Street lights shall be installed or guaranteed with a maximum separation of 300 feet along all streets prior to final plat. 9. Subdivision area signage shall be permitted in accordance with applicable city codes. 10. The location, height and placement of any landscaped entry feature shall be reviewed by City staff for compliance with ordinance regulations and maintained by the POA. 1 I . The installation of a fence shall be coordinated with all appropriate utility companies and staff to insure property placement. No fence shall be located within right-of-way. 12. Lot 70 is located half in Phase I and Phase 11. Revise the plat to clarify in which phase this lot is located. Standard Conditions of Approval: 13. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 14. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements arc subject to additional review and approval. All improvements shall comply with City's current requirements. 15. Prior to application of signatures on the final plat, all punch list items shall be completed, K:IReporu120051/'C Reporu110-10-051PPL 05-1699 (Water Brook Phase //).doc including final acceptance of the lift station. 16. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 17. All street names shall be approved by the 911 coordinator. 18. Preliminary Plat approval shall be valid for one calendar year. Additional conditions: a. b. c. Planning Commission Action: yes Required ❑ Approved ❑ Denied ❑ Tabled Meeting Date: October 10, 2005 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature K:IReportsl2005IPC Reponsllo-10-0SIPPL 05-1699 (11'arer Brook Phase /1)doc Date IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS > o NO. _CAODs-_t_ _ c� o w o m 9nv, m PETITION TO ANNEX TERRITORY TO " o THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,. AI4KANSASJ� The Petitioner, Summer Resources, LLC, an Oklahoma limited liability company, hereby submits its Petition to annex certain real property into the City of Fayetteville, Washington, County, Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. as follows: That Petitioner owns the real property described on the Plat Map, Exhibit "A", attached hereto and made a part hereof (the "Real Property"), and said Real Property is situated in Washington County, Arkansas, and is contiguous with the City of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. 2. The Petitioner names Melvin Milholland, Clint McDonald, and James Atwood, Attorney at Law, P.A. as the persons authorized to act on its behalf with respect to this Petition. 3. The Petitioner desires that the Real Property become part of the City of Fayetteville, Arkansas, and petitions the County Judge for annexation of the Real Property into the City of Fayetteville. 4. A true and correct presentation of the Real Property and how it is contiguous to the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A" attached hereto. 5. The Petitioner herein desires that the Real Property become part of the City of Fayetteville, Washington County, Arkansas, and Petitioner states that it will do any Page I of2 and all legal acts necessary to accomplish the objective set forth herein. THEREFORE, Petitioner respectfully prays that this Court set a hearing, and after notice of such hearing, that the County Judge sign an Order annexing the above described Real Property into the City of Fayetteville, Washington County, Arkansas, and to order such other relief as is appropriate under applicable law. Respectfully executed this/, day of ,2005. Char es E. Still, as the Manager of Summer Resources, LLC SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the day of ___________,2005. My Commission Expires: Page 2 of2 HEATHER D. POOLE NOTARY PUBLIC -STATE OF ARKANSAS SEBASTIAN COUNTY My Commission Expires 01-10-15 jJ FAYETTEALLE CITY LIMITS N0. 197 PROJECT IT 311 z � i 3 K FAYETTE 1� f L FAfIf1ENLLE CITY U II S 0 II 'Si 0. Q w In Y� DO J NO. 16 W Z ID � cnd oz DANITA O O iI STREET EAST IL W v FAYETTEWLLE CITY LIMITS i 2WVS 14 TION T/Icnwn- M4 r ANNEXATION DESCRIP77OAt (PART OF INS A PART OF THE EAST HALF or THE NORTHWEST QUARTER (NM) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (WT) CORNER OF SAID SECTION 20 AND CONTINUING THENCE 5.8722'31'[ 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW!) OF THE NORTHWEST QUARTER (NW!). THENCE S8722'51'£ 1512.95 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NW), THENCE ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER (NM) N0741'10E )518.80 FEET TV THE NORTHEAST CORNER OF SOUTHEAST QUARTER ($4) OF NORTHWEST QUARTER (NWg); THENCE S02'41'IO'W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF EXISTING CITY OMITS AND DEERFIELD PUCE; THENCE ALONG SAID COMMON BOUNDARY N872B'55'W 517.99 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN: THENCE ALONG SAID COMMON BOUNDARY N872855'W 550.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PUCE AND A COMMON BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT,. THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY UNITS AND EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION NO2'4109f 468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMITS BOUNDARY S8716'57'E 74.84 FEET TO A SET IRON PIN; THENCE LEAVING SAID CITY OMITS 586'5616E 275.56 FEET TO A SET IRON PIN; THENCE 502'41'09'W 465.65 FEET TO THE POINT OF BEGINNING. CONTAINING 5.754 ACRES, MORE OR LESS, WASHINGTON COUNTY. FAYETIEVILL£, ARKANSAS. 4 (MCO: S-2434) WASHINGTON COUNTY IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: o ANNEXATION OF CERTAIN LANDS TO THE : CITY OF FAYETTEVILLE, ARKANSAS > _� rn `7 - l J C -i NO. CC2005-36 C> I. -n C-) m m ? 3 ORDER OF ANNEXATION =fl c, Now on this 10`h day of October, 2005, this cause comes to be heard,.the�'.etitionee Summer ..: Resources, LLC, an Oklahoma limited liability company (the "Petitioner"), who is represented by the Engineer of Record, Melvin Milholland, Clint McDonald, and James E Atwood, Attorney at Law, P.A., after announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Court upon the Petition filed herein, and the oral and documentary evidence having been adduced, the Court being well and sufficiently advised finds: The Petition in this cause was filed on the 315` day of August, 2005 at which time this Court fixed the 10th day of October, 2005, at 10:00 a.m., as the date and time of hearing for said cause, and that a full notice of this hearing was given as required by law and the proof of publication of said notice is now on file with the County Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the Petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed; that the property owner has a freehold interests in the property hereinafter described in the Petition and constitutes the real owner of the area affected. The land proposed to be annexed to the City of Fayetteville, Washington County, Page 1 of 3 Arkansas, in this cause is described on "Exhibit A" attached hereto. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 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 Acct. No. I of the Acts of the Legislature of 1875 of the State of Arkansas, and all Acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1953, as codified in Ark. Code Ann.§ 14-40-601, et seq., and this Order shall be duly recorded by the County Clerk of Washington County. IT IS SO ORDERED this IC) 'day of (D /^ , 2005. T e Fnorl1 er Hunton W'fchiAgton C unty Judge Page 2 of 3 PROJECT HUNTSVILLE RD. in z z 0 a FA IETTENL(E dfl' LIMITS ,4 Nwsn no— ys r- crnITY M4 o NNEXAT7ON DESCR/PT,ONL' (PART OF INST Na 200.4-27724) PART Of ME EAST HALF OF THE NORTHWEST QUARTER (NMS) OF SECTION TWENTY (20), TWNSHIP SIXTEEN ((6) NORTH, RANGE MYNTY-NINE (29) WEST, MORE PARTICQURLY DESCRIBED S COMMENCING AT THE WEST QUARTER (*4J CORNER OF SAID SECTION 20 AND CONTINUING /ENC£ 58722'SI E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER ;MS) OF ME NORTHWEST QUARTER (HWj. THENCE SBT22'3I'E 1312.93 FEET TO ME OUTHCAST CORNER Of SAID NORTHWEST QUARTER (NW14). THENCE ALONG THE CAST BOUNDARY OF 410 NORTHWEST QUARTER (NWS) NO141'10-E IS:t80 FEET TO THE NORTHEAST CORNER OF JUTNCAST QUARTER (SE1) Of NORTHWEST QUARTER (NI1v; THENCE S0Y4l'10'W 400.42 FEET TO POINT ON A COMMON NORTH BOUNDARY OF EXISTING CITY LIMITS AND OEERF7ELD PLACE; IENCE ALONG SAID COMMON BOUNDARY NST28.5S'W 517.99 FEET TO THE POINT OF BEGINNING. 410 POINT BE/NC A SET IRON PIN: THENCE ALONG SAID COMMON BOUNDARY NBT2B'SS'W 350.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBOMSION, SAID POINT BEING A CONCRETE MONUMENT; THENCE ALONG SAID COMMON BOUNDARY OF EXISTING C?.' LIMITS AND EAST BOUNDARY Of PROPOSED WATER BROOK SUBDIVISION NO2'4I'O9'E 468.30 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMITS BOUNDARY 587'15'5YE 7454 FEET TO A SET IRON PIN; THENCE LEAVING SAID CITY LIMITS SBQS6'(ST 275.55 FEET M A SET IRON PIN; (HENCE S02'41'09'W 465.63 FEET TO ME POINT OF BEGINNING, CONTAINING 3.754 ACRES. ORE OR LESS. WASHINGTON COUNTY, FAYETTEWLLE. ARKANSAS. NO. 197 FA YETTFWLLE Cry LIMITS II Lu >I 0 = z O Lu J W a NI QII W sc J a J NO. 16 W 00 0 z DANITA O 0 STREET 3 LI< EAST L21W u FAYET7fl1L L LIMITS (MCO: S-2434) WASHINGTON COUNTY VX05-1811 SUMMER RESOURCES Close Up View .vJ aFl ♦ . . , ♦ •--: v l� nT�M: ..iS..J M n J L... � I F ). SUBJECT PROPERTY ® 4„ yryFo4 �,1 F5: -t I y 1 Legend moo_ OKnay 0•trid O Fayetteville Q aide city _ AN%05-1811 I 1 tda GD8.Foepvint_z®s 0 75 150 300 450 600 Feet Future Land Use SUMMER RESOURCES ................... ................... s i _ Overview Streets ' Existing Planned Boundary Planning Area 00000% r, 0 Overtay District 000000 II Outside City Legend 0 75 150 300 450 600 Feet Clarice Pearman - Ords. 4804, 4807, 4808, 4809 & 4810 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 12/28/05 1:35PM Subject: Ords. 4804, 4807, 4808, 4809 & 4810 Jeremy, Attached are the ordinances passed by City Council, December 20, 2005. CC: Bell, Peggy; Deaton, Vicki; GIS Arkansas D 1,.. 1s1 p . NORTHWEST ARKANSAS EDITION • . , , ,,I. , . 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 p' ihiished .in Lowell, Arkansas, and that.fro.m my own personal .knowledge and reference to the files of said publication, that advertisement of: tdrxz"2 zt was inserted in the regular editions on PO# / ** Publication Charge: $ /d . L Subscribed and sworn to bef me this day of Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My ommission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 032005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 / ORDINANCE NO. 4808 _ -- -- -- AN�ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX05-1811 A 1� q-1 WR PROPERTY RFIELDD NORTH OF HNG TBE, YNORTH OF. DEERREAT WAY, CONTAINING 3.75ACRES NNSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEfTEMLLE, ARKANSAS: Section 1: That the City Council hereby confirms ins annexation to the Qty of FayatteiIle, Arkansas. of I that property descilbed In EOJbit'Aattached hereto and made a part hereof. Section 2: That the off1GN map of the City of Fayehalle. Nkansas. is hereby emended to reflect the charge prodded In Section 1 above. Section 3: That the offlpal zb*g map of the City of FayetteAe. Arkansas Is hereby amended to assign the Wring designation of R.A. Resi lontiel AgrbAural to the stDject property. Section 4: That the abo+eldescdbed property is hereby assigned to Wand No. One. PASSED and APPROVED this 20th Eery of December, 2005, APPROVED: By DAN COODY, Mayor ATTEST: BY: SONORA SMITH, City Clerk EXHIBIT'A" ANX OB-1811 A PART OF -THE EAST HALF OF THE NORTHWEST OLLARTI33 (NW1/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST. MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W1/4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S872231 -E 1312.98 FEET TO THE SOUTHEAST CORNER OF THE SOUTH. WEST QUARTER (SW1/4) OF THE NORTHWEST QUARTER (NWI/4), THENCE S8722'31 -E 1312.95 FEET: TO THE SOUTHEAST CORNER OF SAD NORTHWEST QUARTER (NW1/4), THENCE ALONE THE EAST BOUNDARY OF SAID NORTHWEST QUARTER ('W1/4) N0741 10E 1318.80 FEET TO THE NORTHEAST CORNER OF SOUTHEAST QUARTER (SE1/4) OF NORTHWEST QUARTER (NWT/4); THENCE 50741'10W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF EXISTING CITY LIMITS AND DEERFIELD PLACE, THENCE ALONG SAID COMMON BOUNDARY N872B53W 517.99 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN: THENCEALONG SAID COMMON BOUNDARY N8728'53'W 350.00FEET TO,THE NORTHWEST COR- NER OF SAD DEERFIELD PLACE AND A COMMON BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION. SAID POINT BEING A CONCRETE MON- UMENT: THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND EAST BOUND- . ARY OF PROPOSED WATER BROOK SUBDIVISION 741 468.50 FEET TO A FOUND IRON PIN: THENCE ALONG SAID CRY UMTS BOUNDARY S871657'E 74.64 FEET TO A SET IRON RN THENCE S0741O9W 46563 FEET TO THE POINT4F BEGINNING, CONTAINING 3.754 ACRES. MORE QR LESS, WASHINGTON COUNTY, FAYERA9LLE, ARKANSAS, EXHIBIT "A" ANX 05-1811 A PART OF THE EAST HALF OF THE NORTHWE7F QUARTER (NW1/4) OF SECTION TWENTY (20 TOWNSHIP SIXTEEN (16) NQIUH, RANGE TWENTY-NINE (29) WEST, MORE PART ULARLY DESCRIBED COMMENCING AT THE WEST QUARTER (WI/4) CORNS OF SAID SECTIO 20 AND CONTINUING THENCE S87°22'31"E 1312.96 FEET T THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW1/4) OF THE NO HW 1312.95 FEET; TO THE SOUTHE T (NWI/4), THENCE ALONE THE QUARTER (NW1/4) N02°41'10E 1311 SOUTHEAST QUARTER (SE1/4) O S02°41'10"W 400.42 FEET TO A P EXISTING CITY LIMITS AN DE Q ARTER (NW1/4), THENCE S87°22'31"E ER OF SAID NORTHWEST QUARTER BOUNDARY OF SAID NORTHWEST FEET TO THE NORTHEAST CORNER OF THWEST QUARTER (NWI/4); THENCE INkA COMMON NORTH BOUNDARY OF IEI4 PLACE; THENCE ALONG SAID COMMON BOUNDARY N87°2 53"W 517.99 ET TO THE POINT OF BEGINNING, SAID POINT BEING A SET I N PIN: THENCE ALONG SAID COMMON BOUNDARY N87°28'53"W 350.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON BOUNDARY OF SAID TY LIMITS AND THE EAS BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT; THENCE ALONG S D COMMON BOUNDARY OF EXISTING CITY LIMITS AND EAST BOUNDARY/OF PROPOSED WATER BROOK SUE₹DIVISION N02°41'09"E 468.50 FEET TO /A FOUND IRON PIN; THENCE ALON SAID CITY LIMTS BOUNDARY 587/16'57"E 74.64 FEET TO A SET IRON PIN; ENCE S02°41'09"W 465.63 FEET TO/THE POINT OF BEGINNING, CONTAINING 3.75 CRES, MORE OR LESS, WASHINGTON COUNTY, FAYETTEVILLE, ARKANSAS. FROM (THU)JAN 26 2006 10: 34/ST.10:22/No.6816796360 P 2 �! IIIi���11 'll ly111 11 El!' Ii II II I ,� ORDINANCE NO.480A Doc ID: 009572960002 TVDe: REL Recordod: 01/20/2008 at 03:57:57 PM Fos Ant: •11.00 Pao. I of 2 Wa hinaton County. AR Batts Stint Clrcutt Clark F11.2006-00002859 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1811 FOR PROPERTY LOCATED NORTH OF HWY 16E, NORTH OF DEERFIELD WAY, CONTAINING 3.75 ACRES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: d rl P Section 1: That the City Council hereby confirms the annexatia.to'. the '1ty oT Fayetteville. Arkansas, of that property described in Exhibit "A" attachedJfeto andrmnde a Q parthereof. Section : That the official map of the City of Fayetteville, AI i'as, issereb� amended to reflect the change provided in Section 1 above. C - Section 3: That the- officialzoning 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. One. PASSED and APPROVED this 20th day of December, 2005. ATTEST: By: APPROVED: Al 1A^ -W' FROM (THU)JAN 26 2006 10:35/ST. 10:22/No. 6816195360 P 3 EXHIBIT "A" ANX 05-1811 (Corrected legal description) A PART OF THE EAST HALF OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY (20). TOWNSHIP SIXTEEN (16) NORTH. .RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (WI/4) CORNER OF SAID SECTION 20 AND CONTINUING_ THENCE S87°22'3I"E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHWEST QUARTER (NW! /4), THENCE S87°2231"E 1312.95 FEET; TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NWI/4), THENCE ALONE THE EAST BOUNDARY OF SAID- NORTHWEST QUARTER (NWI/4) N02°41'10"E 1318.80 FEET TO THE NORTHEAST CORNER OF SOUTHEAST QUARTER (SE1/4) OF NORTHWEST QUARTER (NWI/4); THENCE S02°41'10"W 400.42 FEET TO A POINT ON A -COMMON NORTH BOUNDARY OF EXISTING CITY LIMITS AND DEERFIELD PLACE.; THENCE ALONG SAID COMMON- BOUNDARY N87"28'53"W 517.99 FEET TO THE POINT OF -BEGINNING,. SAID POINT BEING A SET IRON PIN: THENCE ALONG SAID COMMON BOUNDARY N87°28'53"W 350.00 FEET TO THE NORTHWEST CORNER OF SAID DEERFIELD PLACE AND- A COMMON, BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT; THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND EAST BOUNDARY 4OF PROPOSED WATER BROOK SUBDIVISION_ NO2°41'09"E 468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMTS BOUNDARY S87°1657"E 74.64 FEET TO A SET IRON PIN;, THENCE LEAVING SAID CITY LIMITS S86°56'16"E 275.36 FEET TO A SET IRON PIN; THENCE S02°4.1'09"W 465.63. FEET TO THE POINT OF BEGINNING, CONTAINING 3.754 ACRES, MORE OR LESS, WASHINGTON COUNTY, FAYETTEVILLE, ARKANSAS. FROM (THU)JAN 26 2006 10:35/ST. 10:22/No. 6816796360 P 4 IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS NO..CC2005-36 j o S p' -.4 ro n -+ ORDER OF ANNEXATION o n I. Now on this 101h day of October. 2005, this cause comes to be heard, the Qtihoirr, St mtrD�' c, r-1 Resources, LLC, an Oklahoma limited liability company (the "Petitioner"), who mrpprE@nted�y the Engineer of Record, Melvin Milholland, Clint McDonald, and James E Atwood, Attorney at Law, P.A., after announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Court upon the Petition filed herein, and the oral and documentary evidence having been adduced, the Court being well and sufficiently advised finds: The Petition in this cause was filed on the 330 day of Aueust, 2005 at which time this Court fixed the 10"i day of October, 2005, at 10:00 a.m., as the date and time of hearing for said cause, and that a full notice of this hearing was given as required by law and the proof of publication of said notice is now on file with the County Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the Petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed; that the property owner has a freehold interests in the property hereinafter described in the Petition and constitutes the real ownerof the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Page! of 3 FROM (THU)JAN 26 2006 10:35/ST. 10:22/No.6816796360 P 5 Arkansas, in this cause is described on "Exhibit A" attached hereto. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville; Arkansas. 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 Acct. No. I of the Acts of the Legislature or 1875 of the State of Arkansas, and all Acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1953, as codified in Ark Code Ann.§ 14-40-601, et seq., and this Order shall be duly recorded by the County Clerk of Washington County. IT IS SO ORDERED this 10 'day of L2C/(- .2005. - The onor b e eny Hunton ingto County Judge Page 2 of 3 FROM (THU)JAN 26 2006 10:35/ST.10:22/No.6816796360 P 6 EXHIBIT A Page 3 of 3 FROM (THU)JAN 26 2006 10:35/ST.10:22/No.6816798360 P 7 PROJECT 0 1 51 U 3 Oh LR11 vms D O iI nwsr Ii FA rrrrwtLE CryLIST$ NO. 197 Jj 0 I JRI 1 W f0 = Y 3I JI �s a=-DANITA LSTREET �u STATE �Ir_uW NO. 16 EAST W u LLE OTE LIMITS- Lr•a'TTnetc O r wins Iw £ .I -4 NNsn T.!'ON P-yc7NITY ll,M..4 P 4NP4 CANON DESCRtfD= ART OF /NBf.Mt JaW • PART Of Mt CAST HALF Or THE NORUNWESI QUARTER (Nfl) Of SLORON TWENTY (10). IOwNSNN SM7LM (f1) NORM, RANG! NMfNTV NNt (2R) tWist. NWC PARfCULARL1 O(YCRIREO AS CONNENCINC AT ME WIST QUARTER (MV) CORNER Of LN SECffON £0 ANO CONTMNNO THENCE San22b1Y I$2.4 it!? TO MC SOUINEAST CORNER of rmt-souINwtnr SUARTER (SWJ• Or TNT NORTIIPlhl DUMyCR (NW). MENCE SRTi2'J.'C ISIt.RI eery To ME SOVMtASr CORNER or SOW NVR/NwtSf OVARItR (NOV. HENCE ALOITO Mt £S7 ROLWMRY or SAID NORTNRYST. OWRTER (NWT NOV41 10 (. TJIR.80 FTfT ID INE NORIIICASr CORNER. Of SWVT)CAST OWRTfR (Sit) OF N0RWWtSr OWtre. (NNIJ HENCE San? 4IOW 400.42 ESRT ID A POINT ON A CYNWON NORM ROUMARY Of OOSINLO CITY AM/S AND o(pn/ELD MACE: rnf,K ALONG SAID COSMOS OOUMOARY NRTit'RJ'W 717.01 PEST TO Ille POINT Or RTCINNNO. SAID .GIST WHIG A SET MOW MN: MENCr ALONG SAID COMMON ROtMmARr IMTflYJ1r "SO.00 no to rut NOR7NREST CWWTR Or SAD DURFI(LD MACE ANO A CDIYON rtI1 4Rr Of LM CITY.UNIR ANO-ME &Sr ROUNWRY or MMM.SD WATI(R OROON SNTOMSIa SAM, POINT NEW A COINMLI! SONUNENT TNTNer MONO SAW COMMON ROUE0ARr Of tXISNNO Clry UWIS AMP LAST 001NOMI OF PSOPOStO WA lit LOOOX SVSA"wN NO2'41 b17 4N.S0 Rn TO A FOUND IRON MN: TIaIct ALONG SAID CITY LNPrS- MUNWRY sir I1's77 7414 PLR ID A. Sty IRON PIN: HENCE IflNNG SAID Off Lmli saru1'It't 2n.JR rily TO A SET IRON PIN: NNNGE sOr41 b1'w AR1.RJ far M Me POSIT Or tE070471a. CONIADSNG J.7S4 4CNS. SORE OR LLSS, WASNMCIDN COUNTY., r rtTTLWLLL, ARKANSAS. itt (MCO: S-2434) I a I IA WASHINGTON_ COUNTY FROM (THU)JAN 26 2006 10:34/ST. 10:22/No.6816796360 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: January 26, 2006 Clarice Fax #: 71&7695 From: Shirley Brown Subject: Finalization for CC2005.36 Pages: 7, including cover sheet I 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: was inserted in the regular editions on PO# // ** Publication Charge: $ Subscribed and sworn to before me this /. day of Notary Public My Commission Expires: 2006. Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18 '" Please do not pay from Affidavit. . 2014 An invoice will be sent. 153.30 c r.E 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 N E M4NS<NG THAT O DESCRIBBED IN ANNPROPERTY ANNEXATION PETITIONAM( 05- 1811 FOR PROPERTY LOCATED NORTH OF HWY ISE. NORTH OF DEERFIEID WAY, CONTNNINO 3.75 ACRES DM IT OMDAIMMD DY ml CRY COUNCIL OP wn em' OP MYMMILLL ARI ISA t Section 1: That the Gty t:oury That propoftY described In E[NMt'Am attache Seaton 2: That the offidS map ot the CityT change Pf°'^dOd 1...�e�.,wm mne'ol the .4tH Tavel eIIAle cation to the Oty of Fayette4se, Pncanaaa made a part hereof, amended to raAect Mcaflsee. o hereby end AVOID the20M day of December. 2005. karaae Is hereby emended to aeypn of property. to Ward No. One. I. —._._ . DWIBR'A' ANX 05-1811 (Ccotcted opal d8 EAST HALF OF THE NORTHWEST QUARTER I ___ T. M. KIWI= I O A SET IRON PIN: 3.754 ACRES, FROM (MON)FEB 13 2006 16: 12/ST.16: 11/No.6816796395 P 3 Charlie Daniels Secretary of State February 9, 2006 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State elections hu'a-507u suilahlg a Grooms 602-3407 COmmunrcaUon• tr Education 663-0037 State Capitol Police %R2173 Business Office 682-8032 Information Technoky7 062.341 1 Cs) Cr -n ; fl CA r The Following Information has been recorded and filed in the Office of the Secretary of State; 1/26/2006 County: Washington City: Fayetteville � Ccbo5.36 Annexation: Ordinance No. - 4808 Co. Order No. — Resolution No. — flat -X Election - i,ANNEX_ELECTION» Island - uISLANDn incorporation: Ordinance No. - uDATE_FlLEDh Co. Order No. - iINCCOORDNOi Plat - a1NCPLATk Election - Census information - 1st Class City - 2nd Class City - Incorporated Town - I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-.3451. Sincerely, Alesha L. Harris Election Services Representative Room 256 State Capitol • LIWe Rock. Arkansas 72201.1094 301.682.1010 • Fax SOI.683.3510 e-mail: araostsoamall.atate.ar.ua - tvww.sos.artansae.gov State of Arkansas Secretary of State Charlie Daniels Secretary of State February 9, 2006 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms. Pritchard: Business & Commercial Services 682.3409 Elections 682-5070 Building & Grounds 682.3407 Communications & Education 683-0057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682-341 The Following Information has been recorded and filed in the Office of the Secretary of State: 1/26/2006 County: Washington City: Fayetteville Annexation: Ordinance No. - 4808 Co. Order No. — Resolution No. — Plat -X Election - ((ANNEX_ELECTION> Island - ((ISLAND» Incorporation: Ordinance No. - ((DATE_FILED>> Co. Order No. - <INCCOORDNO» Plat - ((INCFLAT» Election - Census Information - 1st Class City - 2nd Class City - Incorporated Town - I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451. Sincerely, Alesha L. Harris Election Services Representative RECE" -0 FEB 13 2096 CITV CLERKS OFFICr Room 256 State Capitol • Little Rock, Arkansas 72201.1094 501-682.1010 • Fax 501-682-3510 e-mail: arsos@sosmail.state.ar.us • www.sos.arkansas.gov