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HomeMy WebLinkAboutOrdinance 4847 IIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVVVIIIIIIIIIII Rl Doc ID : 009832680002 TVDe : REL Recorded : 04/05/2006 at 04 : 04 : 03 PM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton Countv . AR Bette Stamps Circuit Clerk F11e2006-00013592 ORDINANCE NO, 4847 0 AN ORDINANCE ANNEXING THAT PROPERTMo i DESCRIBED IN ANNEXATION PETITION ANX 06- 19W`:€. ; Cn (CC2005-47), FOR PROPERTY LOCATED AT 2390 SOUTMF. s DEAD HORSE MOUNTAIN ROAD, CONTAININR,=;-_ r APPROXIMATELY 6.55 ACRES " ' c 0 J 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. One. R . PASSED and APPROVED this 21st day of March, 2006. S �. APPROVED: ATTEST: U • ; FAYETTEVILLE : " —# see ANSOFJam; By: By. �.N %tiiyGTON DA COODY, Mayor SOMMA SMITH, City Clerk """"""" � EXHIBIT "A" ANX 06-1933 A PART OF THE NORTHWEST (NW 1/4) QUARTER OF SECTION TWENTY-FIVE (25), IN TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT: BEGINNING AT A POINT WHICH IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER AND RUNNING NORTH A DISTANCE OF 1391 .07, THENCE S71017100"W A DISTANCE OF 1045 .351, THENCE SOUTH A DISTANCE OF 42.231 , THENCE N71017'00"E A DISTANCE OF 819.411 , THENCE SOUTH A DISTANCE OF 1276.27' , THENCE EAST A DISTANCE OF 214.0' TO THE POINT OF BEGINNING, CONTAINING 6.55 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/05/2006 04:04:03 PM and recorded in Real Estate File Number 2006-000135 Bette Stamps - Circuit C r by De D1 City of Fayettevilley; Staff Review Form City Council Agenda Items /�Ap( O6-lg33 or a 390 s Dpd Contracts ��yy No 21 -Mar-06 �p City Council Meeting Date Jeremy Pater Planning Operations Submitted By Division Department Action Required: ANX 06- 1933 (Nock-Broyles, 645): Submitted by James Atwood for properly located at 2390 south Dead Horse Mountain Road. The property is in the Planning Area and contains approximately 6.55 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 Na n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached O Previous Ordinance or Resolution # Dep Hent Dikector Date Original Contract Date: l Original Contract Number: City Attor y Received in Cit erk s ffice 3 - 3- cam �Finanee a�ernal Service Director Date Received in Mayor's Office 2 ob 03MIO Mayor Date Comments: City Council Meeting of March 21 , 2006 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: February 28, 2006 Subject: Annexation for Nock-Broyles Land Development (ANX 06- 1933) RECOMMENDATION The Planning Commission recommends approval of the subject annexation request submitted by James Atwood for approximately 6.55 acres of property located on Dead Horse Mountain Road, east of the West Fork of the White River, south of Goff Farm Road. This action will incorporate the 6.55-acres of land within the City of Fayetteville. BACKGROUND The subject property contains approximately 6.55 acres. The property is part of an island of unincorporated property, though bordered on three sides by property within the city limits. The island was created by an annexation of property in 2005, where not all property owners agreed to the annexation of their property. Staff advised the applicant to approach the landowner to the south, thereby creating a more desirable city limit boundary in this location. However, at this time, the landowner has not requested annexation in conjunction with the subject request. DISCUSSION This item was heard at the regular Planning Commission on February 27, 2006. The Planning Commission voted 6-0-0 to recommend approval of this annexation request to the City Council, finding that it would begin the process of incorporation for this existing island. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 06- 1933 (CC2005-47)3 FOR PROPERTY LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD, CONTAINING APPROXIMATELY 6.55 ACRES BE 17' 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 thisday of 12006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-1933 A PART OF THE NORTHWEST (NW Y) QUARTER OF SECTION TWENTY-FIVE (25), IN TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT: BEGINNING AT A POINT WHICH IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER AND RUNNING NORTH A DISTANCE OF 1391 .0' , THENCE S71017' 00"W A DISTANCE OF 1045 .35 ', THENCE SOUTH A DISTANCE OF 42.23 ' , THENCE N71017100"E A DISTANCE OF 819.41 ' , THENCE SOUTH A DISTANCE OF 1276.27' , THENCE EAST A DISTANCE OF 214.0' TO THE POINT OF BEGINNING. CONTAINING 6.55 ACRES MORE OR LESS. 7aye e� le PC Meeting of February 27, 2006 ARKANSAS THE CITY OF FAYEITEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Futcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 17, 2006 ANX 06-1933: (NOCK-BROYLES LAND DEVELOPMENT, 645): Submitted by JAMES ATWOOD for property located at 2390 S DEAD HORSE MOUNTAIN ROAD. The property is in the Planning Area and contains approximately 6.55 acres. The request is to annex the subject property into the City of Fayetteville. Planner: JESSE FULCHER RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): BACKGROUND: PLANNIN34�00MMISSION ACTION :, Required ":YES JAorward „ ❑ Denied ' Date: February2Z; 2006 Motidii Anther - Second Allen ' ' Vote: CITY COUNCIL ACTION: ' Regbired YES , 1:1 Approved � n Denied Date: March 21,'2006 ffl reading if recommended) ' Property description & proposal: The subject property contains approximately 6.55 acres and is located on Dead Horse Mountain Road, cast of the West Fork of the White River, south of Goff Farm Road. The property is part of an island of unincorporated property, though bordered on three sides by property within the city limits. The island was created by an annexation of property in 2005, where not all property owners agreed to the annexation of their property. Background: The subject request for annexation is unique in nature. It was staff's hope that all property owners within the island would petition for annexation, however at this time, only one property owner has requested annexation. Staff advised the applicant to approach the landowner to the South, thereby creating a more reasonable city limit boundary in this location. However, at this time, the landowner has not requested annexation in conjunction with the subject request. As a result K.tReporut2006WC ReporuIO2-17-06L4NX 06-1933 (Nock_Rroyles Land Deeelopment).doc the request to annex the subject property will divide the existing island, creating two separate areas of unincorporated property. Recommendation: Staff recommends approval of the proposed annexation. Should the annexation request be approved, future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes R-A, Residential Agriculture South Single family homes RSF-4 East Single family homes R-A, Residential Agriculture West Single family homes/undeveloped pasture Planning Area/RSF-4 INFRASTRUCTURE : Streets : Currently the site has access to Dead Horse Mountain Road. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements may include right-of-way dedication, pavement, curb and gutter, storm drainage and sidewalks. Additionally, development on the subject property has a high likelihood of accessing the substandard bridge on Dead Horse Mountain Road north of the property as its primary means of access toward the center of the city. An assessment for a proportionate share of the cost of this bridge is anticipated at the time of development. Specific street improvements will be evaluated based on the development proposed, to meet ordinance requirements. Water: Public water is adjacent to the site. There is a 6" main along Dead Horse Mountain Road. A study of the water system shall be conducted by the developer as directed by the Engineering Division. Substantial improvements to the water system may be required which includes other off-site improvements. Water service will need to be extended within the property at the time of development connecting within the proposed development. Sewer: Sanitary sewer is not available to the site. A study of the downstream system shall be conducted by the developer. Substantial improvements to the sewer system may be required which includes other off-site improvements. Sewer service will need to be extended within the property at the time of development connecting within the proposed development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: The subject property is located 3 .3 miles from Fire Station #5. Normal driving K.IReporu11006tPC Reporev101-17-06UNX 06-1937 (Nock—Broyles Land Derelopmew).dw time is 6.25 minutes. The property is located approximately 2.4 miles from the future Fire Station #3 . Normal driving time is 5 minutes. 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 1 1 .6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will divide an existing island of unincorporated property. As outlined in the information presented in the staff report, staff supports the request to bring this area into the City Limits. The property is almost completely surrounded by incorporated city limits; public service providers and emergency personnel are currently required to access portions of the city by traveling through the county in this area. Not all property owners were willing to annex voluntarily at this time. 11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the city limits along its north, west and east boundaries. The request does not extend the city limit boundary further south than the current limits reach. 11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area does not divide neighborhoods. 11 ,6A Boundaries for annexed areas should follow natural condors. Finding: The proposed boundaries follow existing property lines. l 1 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 6.25 minutes for fire protection from Fire Station #5. Extension of water and sewer lines shall K.-WepmW20061PC ReporuIO2-17-OUMX06-1933 (Nock_Rroyles Land Developmen0.doc occur at the time of development. 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 a few trees. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. EMERGENCY AND PUBLIC SERVICES 1 1 .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 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 .6.j Areas currently served by utilities and other public services should be annexed. Finding: Yater, fire and police protection are currently provided in this area. The property is almost completely surrounded by city limits, to which utilities and other public service providers already respond. 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. Finding: Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional *development occur on the subject property. As it exists currently, annexation of the properly K:IReporu110061PC Reporu102-27-061ANX 06-/933 (Nock_Rror/es land Oecelopmerd).doc would not require the upgrading of utilities, unless and until additional development that increases the demand on public services is proposed. 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 1 1 .6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 1 1 .6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 1 .6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. The property owners are not requesting a rezoning 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 arc available to serve this property. 11 .6.q Development proposals require a separate review from the annexation proposals. Finding: At the time the owner desires to develop or subdivide this property, the applicant will be required to submit a proposal for review and approval by the Planning Commission. 1 .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. A:IReportr11006PC Reporn101-17-06LJNX 06-1933 (Nock_Broyles Land Oet elopment).doc 1 .6.w Encourage larger annexations to create acceptable boundaries. Finding: The annexation of this property will begin to incorporate portions of county property located within an island that was created from a previous annexation request. The subject property is bounded on three sides by incorporated property. Additionally, the request does not extend the city limit boundary further south than the current limits reach. 11 .6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 6.55 acres. KAReporU12006PC Reporv101-17-06MX06-1977 (Nock Broyles Land Derelopmen0.doc From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries II .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. 1 I_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. 1.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 1 1.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services I I.6.g Public services must be able to be provided efficiently in newly annexed areas. I I.6.h Annexed areas should receive the same level of service of areas already in the city limits. l 1.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 1 1.6.j 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. 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 1 I_6.m Promote long-range planning with adjacent jurisdictions. I I.6.n Establish agreements to address regional concerns, such as water, stormwatcr and sewer. Administration of Annexations I I.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. 1 1.6.q Development proposals require a separate review from the annexation proposals. I I_6.r Residents should be fully informed of annexation activities. II .6.w Encourage larger annexations to create acceptable boundaries. l 1.6.t Conduct a fiscal impact assessments on large annexations. K:IReports120061PC Reportsl02-27-061ANX 06-1933 (Nod _Broyles Land Development).doe IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Cr' NO. CC2005-47 _cr - , : N i�l 1 ORDER OF ANNEXATION 4�?; :> Now on this 8"' day of December, 2005, this cause comes on to be heard: hi 1etitid&r Nock -Broyles Land Development, LLC, an Arkansas limited liability company, who is represented by 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: L The Petition in this cause was filed on the l ` day of November, 2005 at which time this Court fixed the 8th day of December, 2005, at 10:00a.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 owners have freehold interests in the property hereinafter described in the Petition and constitute the real owners of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Page 1 of2 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 amendatorythereto, particularly including Act 142 of the Acts ofArkansas for the year 1953, as codified in Ark. CodeAnn.§ 14-40-601, et seq., and this Order shall be duly recorded by the County Clerk of Washington County. IT IS SO ORDERED this day of /?�' , 2005. T Ho orab e Jerry Hunton Was mgton County Judge Page 2 of 2 N r W - nZr- Q O U rn Z Z U rn U U z U n V 0 = Z c w w Q < w 0 z 4 r OO a O w a 3 O = N o r 0o W N~0 ¢3w W V) 2:SOW S (SjOwU OSi7wz3F t OS^ 0w= S Z r1-l.O OU ≥ O S 2 O r r U r o U o3°�Q� 030) o nr �3rnoir _-,z U O ^ O O La Q W (00_ Q z 3 w rj N a 0 w a W W O �¢r¢-o0 W ¢,omON3 wQ�UVIN3 X N n r In f W w 0 1w- N 2 r O } O Vl Z 0 Z NOh- a Z o - ZW� W 2 (=/1W� Wa- VI �wN¢wQln Z 3 m O Z r Z m 0 z w O- w z m O N V¢ w 0 Z W 3 Z w S r So U 3 z w U O z�=U�O 0'-UHrVIZW �U�pZw a - z 3 z 3 z z a Z (V O O fn }-O N O (Y _Z Jl 00 O W N w N En `-'VI K VN N N � a NO n N -0 rwm^ n G j 3 0 0 3 O w N w ¢ o ¢ww --C ¢ou f o x Oa U Z r z a w QUZ O o U O O W Z m O z Q? N F Z W z Q Q w a c0J z 7C o x V/ W k 1 A z OO O Q 3 p0 O o V) - z 3 0 O w O Z 44 O c ZWr¢ wWw 0 vi w m w ¢ m Vx- z m Vl Z N x S wO x O W c~JU=� Vl- VIO Uw=�JSU w r O w r O U¢ Z w N r O� 3 z U p U N U I- N Z O Z N O w Z or ZWw U- ZW wJ ; WO OZ a WOj K a' �_ Z S O J 0 Z Z 2 J F w cr W- Q W r Q W w U O O L O F=-- 1x- Z w N U Z O Oincj OInu7p1r U n f-OUW Zr ^Q Mtn < O rn rUU Q Om zUWU <f1 wVi� r .-.a wvi� T� amwaUQ Z w o w I z w o W w 3 O z __nwt F o O z 00 W WN O 00 Li-j0m O_ r OUo rm ¢wzw fr 3U4wz ZV)CC3U¢ z�vVi w S U U S Z W UZ N m W U x w N¢ w w N �m 7F¢--OO w K m- a NwL 0 w �mS- W za Na O Oz O N a a Q 0 Z Z 0 0 O O O W z W N O¢ J V) VI 0 Q fY U w Z r O W U N W 0 Ui LuN 3=¢ r w 3= Q O w x w 2 3 w z . w w 0 0 0 O 0 0 0 u O r 0 OLu 0 w o Z p } O Z F- 0 YY O a U r ¢~ ~^ Z a d ¢ r^ Z w w z O 0 Q r,_r LU Wm w Z o x w 2 O r\ = w 0 a- f Y w K N � Q O 2 C N ≥ a< LY <r zU) E -z OcNi1F-¢woO a Li -a, a ¢ IN THE COUNTY COURT OF WASHINGTON COUNTY, Al&AS3 rn IN THE MATTER OF THE PETITION OF CERTAIN - c, o c REAL PROPERTY FOR ANNEXATION TO THE n- C> I. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSASc3 v v m `c _i O NO. CC O' 5 -q' -j rr ti PETITION TO ANNEX TERRITORY TO c` THE CITY OF FAYETTEVILLE WASHINGTON COUNTY, ARKANSAS The Petitioner, Nock -Broyles Land Development, LLC, an Arkansas 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 James Atwood, Attorney at Law, P.A. as the person 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 and all legal acts necessary to accomplish the objective set forth herein. Page I of 2 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 ordersuch other relief as is appropriate under applicable law. Respectfully executed this I day of �oUP mbQ_ , 2005. Hank Broyles, Mana g Member of Broyles Commercial unding, LLC, which is the Member of Nock -Broyles Land Development, LLC authorized to execute this petition SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the 1 day of Nd40 n\*5 , 2005. 0 My Commission Expires: OFFICIAL SEAL NOTARY pUBUC-ARKANSAS WASHINGTON COUNTY Page 2 of 2 U w a U Z o U Z a 0 Z - Z . W U - 'N~oo = U _ O w U = U o3M<Cj z F N z Z w p Z Poo z d a U W Z a U w m W H Q O w N Z a z a z a �w F- ww 300 O ZH oo Z W ~ U F - i z. -o Noo- N N N Vl >3zp W O sO W o a W O Wujo U Z 3 a o o a p O p z o F a a O m W ~Q W U = 0 U w 00 w O z o w w w - W lx x - Z OF WO t N M 1 Q W n N Z v Z w O w `.K O O OO V1� O wN S Z Q U a w w x N co Dra---00 z r O L Li N V l p a 0 w w w 2 O x 3 x a r ..-m h O vmO Utm O U x U a a z o_r0r=� S <I- OZ N l- tO ' •N W tp W . 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S m z w Q O W W 3 O U w O m O m Cn F- O Cn w 3 o a w z z K m x Z u N w p Crow p W Z W W U O a(Y U K 3 W a x O W= 1 x 0~ 3 0 W w m 0 U)o Z O n axO�W(�Of< a l- Z U H a w OU Q_ G � Z w� U U O p= Z l LA-- = F O U r o w 01 ON.O w r S r o -- O 0 a U - a w n W O O N a a Z w W a ~ OZZ HTh V) Q O X Z Or-U?n z<0 o_. 0 N a N0nWa z m O N V Q io zsWoz L r U o Z W Z3zwzzl 1 z z < Z O z W U - N ~ W m N v VI p . - V1 CT > o Q ^ z a N x O w m Z m m N S0z W a j O= UCl) Li 3 p o w o Z zv~izdrAxx O- W WUl- Nvli_po3z w W Z OO< z a O T w W O OrOZ w p V l L m Z j O V m Z OQQ:W000 3 a z r O w Z W Q: O x Qf 0. •4r a O U O M o U m F--Ui _Z Z W I Z W N w w p •m D o o w z Z N(A W U V) w w w U N Q= x 3 w w w Wa ?iw O O v�Oz} } a Q: Q} Q m Z atOW G OO <F-z3oo0z Addendum to the City of Fayetteville Annexation Application For Parcel Number 001- 1 1254-000 Parcel 001-11254-000 (the "Parcel") to be annexed hereunder is currently part of an island (comprised of several parcels) that was created by virtue of several annexations of large tracts of land, by developers, during the last 2 years or so. By annexing this parcel, this recently created island will be diminished in size. Tax parcel 001-11261-000 is contiguous to and directly south of the Parcel. Upon annexation of the Parcel, parcel 001-11261-000 will be separated from the larger island and become an island of its own. However, the annexation of the Parcel will not change the status of this contiguous parcel since it is already part of the island created as described in the paragraph immediately above. Rather, the annexation of the Parcel will decrease the size of the existing island, which is consistent with the City of Fayetteville's policy to avoid or diminish islands. According to the Washington County property tax records, John K. & Carol S. Baltz are the owners of record of parcel 001-11261-000. The Representative for the Applicant worked with a previous developer in regards to the annexation of property in the Dead Horse Mountain Road area. In the course of this annexation, the previous developer attempted to get the Baltz's to join in the annexation, but was unable to do so. Also, please note that the legal description provided herewith provides that the parcel is 6.55 acres. The engineer for the applicant has reviewed the legal description (as did the GIS department) and has found the legal description to be accurate; however, the engineer in adding up the acreage has found that the acreage is approximately 7.5 acres February 17,2006 THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 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 06-1933 (Nock -Broyles LandDevelopment, 645) submitted by James Atwood for property located at 2390 Dead Horse Mountain Road would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. • It is the opinion.of.the Fayetteville Police Department that this annexation 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, aptain .illiam Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479587.3522 Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: February 17, 2006 Re: February 16, 2006 Zoning Review - Fire Department Comments C-PZD 06-192 1azen This 1.30 acres is cbrc It is Imile from the sta Measured hydrant flow i We do not anticipate c�l affect our call volu; or R-PZD 06-1922 (Sbqys These approximately It is 1.2 miles from the s The Fire Department ant once the development is Measured Hydrant Flow The service impact of tl by EngjpIo at 900 Hollywood. wi9rIn expected response time of 2.75 minutes. s area is 1760 gallons per minute. fo service on commercial buildings but typically this will not spo se times. ood Place, 558 acres are coy red by Engine 6 located at 900 S Hollywood. •on w ith'xpected response time of 3.5 minutes. p eMS — 2 Fire/Other) calls for service per year Im maximum build -out has occurred. •its1300 gallons per minute. )evewill typically take eighteen months after the development is startg�� and the units be, in to be occupied, to occur. There should ben adverse effects on ou all volume or response time to this development. ANX 06-1933 (Nock -Broyles Land Development, 645) These 6.55 acres are covered by Engine 5 located at 833 N Crossover Road. It is 3.3 miles from the station with an expected response time of 6.25 minutes. When the new Station 3 is in service at Happy Hollow and E Huntsville the distance will be reduced to 2.4 miles with a 5 minute response time. Only concern we have is the lack of hydrants in the area but that may be resolved when the zoning of the property is addressed. We can not anticipate calls for service on annexations. ANX 06-1935 (q etcher Williams, 474) RZN 06-1936 (Fle her Williams, 47 These 10 acres are c ered by Engi9E7 located at 835 Rupple Road. It is 3 miles from the s lion with g i expected response time of 6 minutes to the entrance of this development. The Fire Department antici es 13 ( 8 EMS — 5 Fire/Othcr) calls for service per year once the development is co p ted and maximum build -out has occurred. Measured Hydrant Flow - this a a is 1465 gallons per minute. The service impact oft is develop cut will typically take eighteen months after the development is start , and the units egin to be occupied, to occur. There should be no dverse effects on our call volume or response time to this development. RZN 06-1934 (6r les Commercial Finding, LLC, 438) These 10.06 acres are vered by Eng%ipe� 7 located at 835 Rupple Road. It is 0.6 miles from the ation with rS expected response time of 2.25 minutes The Fire Department anti ipates ( 33 EMS — 22 Fire/Other) calls for service per year once the development is co'kp,J�ed and maximum build -out has occurred. The water department did nyt4ave a recorded hydrant flow from this area. The service impact of thp4Ieve1opment will typically take eighteen months after the development is started nd the unut begin to be occupied, to occur. There should be no verse effects o our call volume or response time to this development. If you have any questions, please feel free to call or email me Date cRjggins Captain Fayetteville Fire Department fri ANX06-1933 Nock/Broyles 6.55 Acres 6.25 Minute Response from Station 5 (blue) 5 Minute Response from Station 3• (yellow) ANX06-1935 RZN06-1936 Fletcher Williams 10 acres 6 Minute Response RZN06-1934 Broyles Commercial 10.06 Acres 2.25 Minute Response ANX06-1933 NOCK-BROYLES LAND DEVELOPMENT Future Land Use Overview Legend _-----_ Subject Property Boundary AN%06-1933 t—%_, Planning Area A0000� Streets 6 , Overlay District 'Th\i Existing Outside City Planned• Legend --; o too 200 400 600 800 Feet From: Clarice Pearman To: Pate, Jeremy Date: 3.24.06 5:39PM Subject: Ords. 4846, 4847, 4848 Jeremy, Attached are the ordinance passed by City Council March 21, 2006. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki AI Ni •, I . - ,. ii 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 thefiles of said publication, that advertisement of: npn0 �!-(�41- was inserted in the regular editions on PO# ** Publication Charge: $ (( 1 - 3/ Subscribed and sworn to before me this day Notary Public Sharlene D. Williams Notary Public My Commission E4bs?f Arkansas My Commission— Aires - October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. RECEIVED MAR 31 CITY OF FAYEI7��Eyll��E 2f T F AVENUE • 2006. ORDINANCE NO. •M7 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED ING- ANNEXATION PETITION LMX OTT * 1 1 1933 (SOUTH DE FOR PROPERTY LOCATED AT D, 2390 SOUTH DEAD MORSE MOUNTAIN ROAD, CONTAINING APPROXIMATELY 6.55 ACRES ARKANSAS OE IT ORDAINED EY THE CITY. COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANM$s Section 1: That the City Council hereby Centime the ennexatlan to the City of Fayette%ioe, Arkansas, of that Oropepy desc lbee in E4 t'Aattached hereto and made a part hereof, Seca) , 2: That the official nap of the City of Fayetteville, AMnnsas, is hereby erriended to reflect the change provided H Section I above. Section 3: That the official merq map Clthe"ClenSila, kareay Is hereby amended to assign the inning designation of R -A, R t"Idntlel Agdwtturel to the subject property, Section 4: That the above -described properly la hereby assigned to Ward No. One. PANNED sad APPROVED this 21st day of Match, 2006. APPROVED: ATTEST: By: DAN COODY, Mayo.SONORA SMITH, City Q..• EXHIBIT'A' ANX 06-1933 A PART OF THE NORTHWEST (NW 1/4) QUARTER OF SECTION TWENTY-FIVE (25), IN TOWNSHIP SIXTEEN (16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO -WIT BEGINNING AT A POINT WHICH IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER AND RUNNING NORTH A DISTANCE OF 1391,0, f THENCE S71°17YXIV/ A DISTANCE OF 104535', THENCE SOUTH A DISTANCE OF 42.23, THENCE N71°T7'00'E A DISTANCE OF 819,41', THENCE SOUTH A DISTANCE OF 1276.27', THENCE EAST A DISTANCE OF 214,0' TO THE POINT OF BEGINNING, CONTAINING 6.55 ACRES MORE OR LESS. P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse . !,'•'. �1. 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 KAREN COMBS PRITCHARD Fax: (479) 444-1894 COUNTY AND PROBATE CLERK May 1, 2006 To: City Clerks Office From: Jennifer Sharpshair Deputy County Clerk I have enclosed the finalization of 3 Fayetteville Annexations. CC2005-47 - Fayetteville CC2005-48- Fayetteville CC2005-54- Fayetteville If you have any questions you can give me a call at 444-1713. RECEIVE - MAY 0 3 20("`• iY OF FAYE CITY CLERK':. PASSED and APPROVED this 21st day of March, 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor S D SMITH, City Clerk 10311111ll iiiii iiiii iiiii i iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Doc ID: Recorded: 04/05/2 009832680002 T 006at04:04:03 PH Fee Amt: $11.00 Paae 1 of 2 Washinaton County. AR Bette Stamps Circuit Clerk F11e2006-00013592 ORDINANCE NO. 4847 AN ORDINANCE ANNEXING THAT PROPERT Tc• �Cl DESCRIBED IN ANNEXATION PETITION ANX 06-193 m "' Ii(CC2005-47), FOR PROPERTY LOCATED AT 2390 SOUTI` DEAD HORSE MOUNTAIN ROAD, CONTAININ : z ti APPROXIMATELY 6.55 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. One. ` �jOE9s . FGA' o. ;FAYETTEVILLE: . vs.9Qk*. • Jam: EXHIBIT "A" ANX 06-1933 A PART OF THE NORTHWEST (NW 1/4) QUARTER OF SECTION TWENTY-FIVE (25), IN TOWNSHIP SIXTEEN (16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO -WIT: BEGINNING AT A POINT WHICH IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER AND RUNNING NORTH A DISTANCE OF 1391.0', THENCE S71°17'00"W A DISTANCE OF 1045.35', THENCE SOUTH A DISTANCE OF 42.23', THENCE N71°17'00"E A DISTANCE OF 819.41', THENCE SOUTH A DISTANCE OF 1276.27', THENCE EAST A DISTANCE OF 214.0' TO THE POINT OF BEGINNING, CONTAINING 6.55 ACRES MORE OR LESS. IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE 0_ CITY OF FAYETTEVILLE, ARKANSAS rn NO. CC2005-47_~ j n ORDER OF ANNEXATION ';, `0 Now on this 8`s day of December, 2005, this cause comes on to be heard, the Petitioner, Nock -Broyles Land Development, LLC, an Arkansas limited liability company, who is represented by 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: 1. The Petition in this cause was filed on the 1st day of November, 2005 at which time this Court fixed the day of December, 2005, at 10:00a.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 owners have freehold interests in the property hereinafter described in the Petition and constitute the real owners of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Page 1 of 2 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. 1 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 day of 1i fl , 2005. Th nora$1e Jerry Hunton Was ington County Judge Page 2 of 2 W - N N }} Ci w d' Z W& W M N W F_ x U 0 OWFx- 03° Qcj cr3a zd QNor ZZrr7LA0wL`'' zcO0 ooZ Ow00?0E- a: a a v a ¢ z 3 W M Z¢UWW "QU wUr0 of O w Z O w 0 . w¢�Om0�3 nN V)N W Woo x—izxzp�O� 0 az ¢n0 S Z x Z d a Z x z p r N U r w W x U h d N 3m0Z� zmOZw¢Cw Z 0 zw0 3 z,,,moxz O ZZ� o3z�dr== ? zMo ~�3 r V N N N W w 3 0 W p 3 Z W N W Q Q O a 0 w W O¢ O W CY a x - F" Q w W U Z I w U w ¢ O 3¢ p z LLJ<0&12w WQ zp ¢¢ O oN(?w F=—wx V) 6. U 3 r r z o V U U 2'� V - ¢ Fn Nr O wWF-O¢ Z w0 p(n 0 (n 0OU1 Wz Ow Z F" 0 >. Z U W La- p} z V U a m O Q ly 0Z � -OZ ZxU° a.. QgIUQiF ^ 4 N ��Fx-~pZw z U W - N r Q U w ¢ p ¢ dr 0v)(p U O� O�inOx ^¢ va W NN H .-.d wNNrx Z d x o zwOF` z ZOf00w0 O U O O O U 0 m o w O cU) C)wN r U)n O w(nw w wU V) Uw d w Fn U a = Z W U< 3 z w w¢ l wn U rw x Z�� N F wx Z �)nw0 (n 0m �F¢-�0 0 0• O N Z N F) p¢ 0 J Z N Ln Q ¢ cy U W ¢ 2 3 w Q= O 2 3 w¢ x 0 w w O f w 2 J o MOO p wO v 0 O z W0 CD U N OOOC a r W m O < H z n Ix- c�c d Q F=- ZZ (N/) Fx-- < w O0c1 J Jn }} w O z w O N U OZwp = Z ¢ O,t w a 3:Q 0 = 00 F-° W V N O OW = x - N r 3 rn 0 0 ZZrnaxo.^ Z W N r N X00 ¢¢a _ w w M w 0 0 ap Z¢ z w r N W Q ZU 3 F- N QIF-0 x Z o r U Z- �zQo�a- NwI¢w¢to z m O N 0¢ w OZ 1 W O z 0 r F -U 0zw Z Z W z z? I z Z ¢ z .O z=0w.n )n r U N X3O -ON W J Z N ¢ ≥ O ¢ ? x w LU rn O W LA W p)Z aJO z L( W Q U Z UJ'DOIWLAJ U 0 0 W O Z Ow r zz U i w 0 m W Q W U_ F - o U Z N J x U W N r O K 3 Z O 0 O¢ W Z O z Z 0' x� w 0 0 z w a 0 J 0 F... O NNNof Z O ~ O z U'W U r.a w a O K 3 Z H C) _Wo �_ O U O w,. N a Z W ZWNZUJFn 2 ¢ ww w o Z N ON W U N W w W U N zzaoox o 0 z} 0 ¢ r Q wQt 3 w r m 4 z -3oo Czzoof CD C CD N 7 In 0 765-15269-400 1258-400 .:I 001-11256.000 O O 0 9 In O)cIn e) N N uS N O � O I n 765-15269-200 illeCiij Lin -ti -f'$ O r0 Ch eJ N H l0 Fayetteville 765-15269-100 N -= 5-16-3 •H • PQ( / ,I12`i7%'00O ooI y O O 765-15269-150 - O -- 0 O Co rO 765-15269-100 765-15269-100 001-11265.000 I Feet County Disclaimer: 0 300 600 1,200 This map was created by Washington County using data created or acquired by its Assessor's office, Dept, of Emergency Managment. and Road Department and in accordance with Arkansas Code 15-21-502 (2) (0), which slates The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the Individual parcels included in the cadastre.- and Arkansas Code 15-21-502 (d) which indicates that -'Digital cadastre' means the storage and manipulation of computerized representations of parcel maps and linked databases. - This map has been developed from the best available sources. No guarantee of accuracy is granted, nor is any responsibility for reliance thereon assumed. In no event shall said Washington County be liable for direct, indirect, incidental, consequential or special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance on the map. The parcel lines shown are considered a graphical representation of the actual boundaries. Washington County is in no way responsible for or liable for any misrepresentation or re -use of this map. Distribution of this map is intended for informational purposes and should not be considered authoritative for engineering, legal and other site -specific uses. State of Arkansas Secretary of State Charlie Daniels Secretary of State May 8, 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 6825070 Building & Grounds 682-3407 Communications & Education 6830057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682-341 1 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 05/05/2006 County: Washington City: Fayetteville Annexation: Ordinance No. - 4847 Co. Order No - 2005-47 Flat -x Election - Island - Incorporation: Ordinance No. - Co. Order No. - Plat - Election - Census Information: The following City or Town has been upgraded or reduced to: 1st Class City 2nd Class City Incorporated Town I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway Transportation Department. If you have any further questions please do not hesitate to contact 1-800-482-1127 or 682-3526 Sincerely, . Tena Arnold Election Services Representative Arkansas Secretary of State 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 RECEI MAY 10 ^Tv at