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
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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
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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
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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