HomeMy WebLinkAboutOrdinance 4851 Z .M1 In In11
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Doc ID : 009893750002 Tvne : REL
Recorded : 04/25/2006 at 10 : 40 : 07 AM
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hlnoton County . AR i
Bette Stamos Clrcult Clerk
F14006_00016557 ,
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ORDINANCE NO, 4851
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AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBEDI0c` %' Ln
ANNEXATION PETITION ANX 06- 1935 (CC2005-54), FO 'F _ s'•
PROPERTY LOCATED AT 354 AND 370 DOUBLE SPRING�; "�O 3 0
ROAD, CONTAINING APPROXIMATELY 9.70 ACRES Tey
cn0
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. Four. ,,,,,rr
PASSED and APPROVED this 4th day of April, 2006. ' `�C'• �\tY DF SG�F
= • FAYETTEVILLE • =
E �� 3
APPROVE / - ATTEST: ys qRk NSPS'��:'
i /' '���a/ • GTON �J°`•
By: ZBy:
DAN COODY, ayor- SONDRA SMITH, City Clerk
a
EXHIBIT "A"
ANX 06-1935
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25 "W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27,
THENCE ALONG SAID RIGHT-OF-WAY NO2027'01 "E 329.38', THENCE S88020'05"E
1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
04/25/2006 10:40:07 AM
and recorded in Real Estate
File Number 2008-00016557
Bette Stamps - Circuit Clerk
S
by
�fg51
- - -- -
March 1 , 2006
City of Fayetteville-City Clerk's Office
113 W. Mountain St.
Fayetteville, AR. 72701
RE:ANX 06-1935
RZN 06-1936
This is to notify you of my intention to Appeal the denial by the City of
Fayetteville Planning Commission on Monday, February 27, 2006, on the above
mentioned items.
We would like to have these properties rezoned and annexed to build housing for
Fayetteville. It is our understanding that the property south of subject property, owned by
the Hays family, will be asking to be rezoned and/or annexed also. We feel like this
would be a good housing project for Fayetteville.
Sincerely,
� ,
Fletcher Williams
RECEIVED
MAR 0 2 200
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
1�>�-a.-, �ffi.c stroncl rcadvns .�/�.i�o,�
City Council Meeting of March 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operation
From : Jeremy C. Pate, Director of Current Planning
Date: February 28, 2006
Subject: Annexation for Fletcher Williams. (ANX 06- 1935)
RECOMMENDATION
The Planning Commission recommended denial of the subject annexation request for
approximately 9.70 acres of property located east of Double Springs Road, south of
Persimmon Street. The incorporation of the property would create an island of county
property. Planning Staff originally recommended approval of the requested annexation.
BACKGROUND
The subject property contains approximately 9.70 acres and is located on Double Springs
Road, south of Persimmon Street. The property is bordered on two sides by property in
the city limits, with Silverthorne Subdivision to the west and Legacy Point Phase 4
(under construction) to the east. Two intervening properties lie between the subject
property and the city limits to the north (Legacy Point Phase I ). Annexation of the 9.70
acres will create an island of approximately 6.30 acres.
The applicant requests annexation of 9. 70 acres into the city limits to allow for residential
development of greater density than would be possible otherwise, by utilizing the
amenities, such as sanitary sewer, provided when annexing into the city. The applicant
has submitted a rezoning request with the annexation petition to rezone the property from
R-A to RMF-6, with a Bill of Assurance, should the annexation be approved.
DISCUSSION
This item was heard at the regular Planning Commission on February 27, 2006. The
Planning Commission voted 2-4-0 to recommend approval of this annexation request to
the City Council, with Commissioner Ostner, Allen, Anthes, and Myres voting no.
Therefore, the motion failed, and the application for annexation into the City of
Fayetteville was denied.
Those who voted against the motion discussed their concerns regarding a 6 minute
emergency response time, that the adjacent property owner to the north had not been
informed of the annexation request by the applicant, and the piecemeal annexation would
create an island of unincorporated property.
City Council Meeting of March 21 , 2006
Agenda Item Number
Planning Staff had recommended approval of the incorporation of this property into the
City of Fayetteville. This is the second annexation request processed in recent years that
would create an island of unincorporated property. There are two property owners to the
north of the property within the Planning Area. Staff met several months ago with the
future landowner of the new storage business who expressed his desire to remain within
the county in order to utilize his business. Mini-storage is allowed in the 1-1 zoning
districts. Staff also discussed the potential for multi-family uses on the property;
however, the concepts presented at that time could not be approved through our
development review process within the county. Several properties south of the property
have expressed a desire to annex into the City, though at this time the Planning Division
has not received applications for annexation. Staff has repeatedly encouraged the
applicant to submit a request for annexation simultaneously with the adjacent property
owners to the south so that a larger, more comprehensive land area can be reviewed for
incorporation into the city. It was the applicant' s wish to proceed forward with the
annexation request at this time to establish the development rights on the property as soon
as possible and subsequently proceed with preliminary plat approval .
While atypical to 'recommend an annexation that creates an island, staff finds the
applicant has made every attempt to annex this property while complying with city
policies. Weighing the potential benefits and costs of creating the island of
unincorporated property, staff finds this request meets with the majority of the city' s
guiding policies, will not further extend the city' s incorporated limits, and recommends
approval . Staff also continues to recommend that a comprehensive annexation request in
this area be submitted, as there is an obvious desire by multiple property owners to be
annexed into the City.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06- 1935 (CC2005-54), FOR
PROPERTY LOCATED AT 354 AND 370
DOUBLE SPRINGS ROAD, CONTAINING
APPROXIMATELY 9.70 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 l above.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above-described property is hereby assigned to Ward No. Four.
PASSED and APPROVED this—day of 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mavor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-1936
A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH , RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST
CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25"W 330.92',
THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #272
THENCE ALONG SAID RIGHT-OF-WAY NO2027'01 "E 329.381, THENCE S88020'05"E
1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
TayePC Meeting of February 27, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING llIVIS10N CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: February 21 , 2006
ANX 06-1935: (FLETCHER WILLIAMS, 474): Submitted by RANDY RITCHEY
STEADFAST, INC. for property located at 370 DOUBLE SPRINGS RD. The property is in the
Planning Area and contains approximately 9.70 acres. The request is to annex the subject
property into the City of Fayetteville.
Planner: Suzanne Morgan
RECOMMENDATION :
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING' COMMISSION ACTION: Required YES
99 Approved - O Denied
Date: February 27, 2006 M,l ;;„ Tr,,,m6 ddc: 2-q -o . 31 A(lu,>, jtn�/
.. - . . - jeeond •. Cle.rlL , os4,..n and t•�nevei,tr�ti.w•.
CITY COUNCIL ACTION: Required - YES
O Approved ,.. O. Denied
Date: March 21 , 2006 (1st reading if recommended)
BACKGROUND:
Property description: The subject property contains approximately 9.70 acres and is located on
Double Springs Road, south of Persimmon Street. The property is bordered on two sides by
property in the city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4
(under construction) to the east. Two intervening properties lie between the subject property and
the city limits to the north (Legacy Point Phase 1 ). Annexation of the 9.70 acres will create an
island of approximately 6.30 acres.
Proposal: The applicant requests annexation of 9.70 acres into the city limits to allow for residential
development of greater density than would be possible otherwise, by utilizing the amenities provided
when annexing into the city (i .e. sewer). The applicant has submitted a rezoning request with the
annexation petition to rezone the property from R-A to RMF-6, with a Bill of Assurance, should the
annexation be approved.
K.t Reporrs120061 PC Report.602-27-06W MY 06-1935 (Mlliams).dw
Recommendation: Staff recommends approval ofthe 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 Storage Units & 2 Single family homes Planning Area
Single family homes RSF-4 & RMF-6 ( Legacy Pt. Ph. ]
South Rural Single family homes Planning Area
East Vacant (under construction) RSF-4
West Silverthome Subdivision RSF-4
INFRASTRUCTURE :
Streets: The site has access to Double Springs Road. Improvements will be required to
Double Springs Road which may include off-site improvements. An evaluation
will be made by staff at the time of preliminary plat or large scale development.
Dedication of right-of-way per the Master Street Plan is required.
Adjacent Streets:
North: Persimmon Street (Collector)
South: Dot Tipton Road (Collector)
West: Double Springs Road (Minor Arterial)
Water: Public water is adjacent to the site. There is an 8" water line that that runs along
Double Springs Road. A study of the water system shall be conducted by the
developer. Substantial improvements to the water system may be required which
includes other off-site improvements. Water service will need to be extended to
and within the property at the time of development connecting within the
proposed development.
Sewer: Sanitary sewer is located near the site. Substantial improvements to the sewer
system will be required which includes off-site improvements. This development
will be within the sewer assessment area. A study of the downstream system shall
be conducted by the developer. Sewer service will need to be extended to and
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: These 9.70 acres are covered by Engine 7 located at 835 Rupple Road. It is 3
miles from the station with an expected response time of 6 minutes to the entrance
of this development. The Fire Department anticipates 13 ( 8 EMS — 5 Fire/Other)
calls for service per year once the development is completed and maximum build-
out has occurred. Measured Hydrant Flow in this area is 1465 gallons per minute.
K:I Repoi ts120061PC Repo) is102-27-06UN,Y 06- 1935 (Williams).doc
The service impact of this development will typically take eighteen months after
the development is started, and the units begin to be occupied, to occur. There
should be no adverse effects on our call volume or response time to this
development.
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 create an island of unincorporated property.
The property is surrounded by the city limits to the east and west, and the
prospective buyer of the property desires to develop the property under City
regulations with the ability to access sewer. The two adjacent property owners
to the south (Williams and Hays) have expressed interest in annexing into the
city. Hays has submitted a Petition to Annex to the County, , and according to
the applicant Mr. Williams is in the process of submitting a Petition to the
County.
There are two property owners to the north of the property within the Planning
Area. The immediate property owner to the north is unwilling to annex into the
city due to the potential regulations which would be placed on the property, and
the effect they would have on the land owner's storage business. Staff has met
with the landowner of the new storage business who has expressed his desire to
remain within the county in order to utilize his business. Mini-storage is
allowed in the 1-1 zoning districts. While atypical to recommend an annexation
that creates an island, staff finds the applicant has made every attempt to annex
this property while complying with city policies.
The applicant has met with the City Council members for Ward 4 to discuss the
possibility of extending sewer outside the city limits to serve a development on
this property. Public services are available to the properties adjacent to the
subject property; therefore, the annexation of this property will not create an
unnecessary load of calls or extension of service area on emergency services and
public facilities.
K:Weporls11006PCRepor1s102-17-0614NX 06-1935 (Williams).doc
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 cast and
west 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 .6.d Boundaries for annexed areas should follow natural corridors.
e
Finding: The proposed boundaries follow existing property lines.
11 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 6 minutes for fire protection
from Fire Station #7. Extension of water and sewer lines shall occur at the
time of development.
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 with a few trees surrounding the two
existing single-family dwellings and a pond. Development regulations within the
City will ensure appropriate development and preservation of the existing
natural features on the property.
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports that this annexation and rezoning will not
substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and
congestion in the area.
11 .6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service shall be provided to this area with the same level of
response and service as other developments in this area.
K:IR(,ports120061PC Reforns102-27-06LINX 06-1935 Mfflams).do
11 .6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
11 .6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in this area. The
property is adjacent to 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 property
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
11 .6.o Designate zoning districts for the property during the annexation process.
K.lRepoi tsl2OO6V'C Reports101-27-061ANX 06-1935 (Wiltiorns).doc
Finding: Annexations are automatically zoned R -A, Residential Agricultural. The
property owners are requesting a rezoning of RMF-6 to allow for two-family
townhome and single-family development similar to the development within the
RMF-6 portion of Legacy Point Phase 1.
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: The applicant submitted a preliminary plat application several months ago to
the Planning Division with the intent to utilize city sewer service. Staff informed
the applicant that to receive sewer services he must either receive City Council
approval to extend sewer to a property within the Planning Area or be annexed
into the city. Any request to develop or subdivide this property requires staff
review and approval by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled. Additionally,
the applicant stated that he had a meeting with several adjacent property
owners several weeks prior to the scheduled Planning Commission meeting.
1 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 between the city limits. The request does not extend the city
limit boundary further south than the current limits reach. Staff has repeatedly
encouraged the applicant to submit a request for annexation simultaneously
with the adjacent property owners to the south so that a larger, more
comprehensive land area can be reviewed for incorporation into the city. It was
the applicant's wish to proceed forward with the annexation request at this time
to establish the development rights on the property as soon as possible and
subsequently proceed with preliminary plat approval.
I 1.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 9.70 acres.
K:IReporrs120061/C ReporisIO2-27-06UNX 06-1935 (IVilliams).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
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.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
•11.6.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
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.' IRepor(s12006(PC Reports102-27-06W NX 06-1935 (Williams). dac
a e¶ttville
ARKANSAS
Date: 1/3/2006
From: Clyde Randall
GIS Office
444-3431
PLAT REVIEW CHECKLIST:
Re: Anx06-1935
Hansen Number: 1935
Comments: Legal OK. Will create an island in the city limits and a strip of road
unannexed.
Items Needed ( if checked):
1. Each plat shall have 2 points on the boundary described in State Plane
Coordinates, Arkansas North Zone, North American Datum 1983 (NAD 83).
2. Written legal descriptions that read clockwise, including area in square feet or
acres. This shall be provided on the plat. (Note: If the project covers more than one tract,
the legal for each individual tract and a total tract description must be provided.)
3. Boundary survey of the property shown on the plat. The surveyor shall seal, sign
and date the survey. The survey shall be tied to State Plane Coordinates (see item #1).
4. Point -of -Beginning from a permanent well-defined reference point. This POB
shall be clearly labeled on the drawing.
5. Curve data for any street or line which forms a project boundary (preferably
radius, length of curve, chord distance and bearing).
Note: Items are taken from application and code requirements.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 17, 2006
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
annexation and rezoning ANX & RZN 06-1935 (Fletcher Williams, 474) submitted by
Randy Ritchey Steadfast, Inc for property located at 370 Double Springs Rd. 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.
Sincerer r/
Captain William rown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT .
100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
FAYETTEVILLE,ARKANSAS72701 PHONE: 479.587.3555 FAX: 479.587.3522
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
From: Captain Dale Riggins
Date: February 21, 2006
Re: February 16, 2006 Zoning Review — Fire Department Comments
ANX 06-1935 (Fletcher Williams, 474)
RZN 06-1936 (Fletcher Williams, 474)
These 10 acres are covered by Engine 7 located at 835 Rupple Road.
It is 3 miles from the station with an expected response time of 6 minutes to the entrance
of this development.
The Fire Department anticipates 13 (8 EMS — 5 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
Measured Hydrant Flow in this area is 1465 gallons per minute.
The service impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
There should be no adverse effects on our call volume or response time to this
development.
If you have any questions, please feel free to call or email me
Dale Riggins
Captain
Fayetteville Fire Department
ANX06-1935 RZN06-1936 Fletcher Williams 10 acres 6 Minute Response
RZN06-1934 Broyles Commercial 10.06 Acres 2.25 Minute Response
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS-.
IN THE MATTER OF THE PETITION OF CERTAIN%i'. o
f
PROPERTY TO THE CITY OF FAYETTEVILLE,
z
WASHINGTON COUNTY, ARKANSASiii
NO.
Oa u
.
O
PETITION TO ANNEX TERRITORY TO
THE CITY OF FAYETTEVILLE WASHINGTON COUNTYARKANSAS
The PetitionersAck" z ttmMc ,et bkuzr s hereby submit their Petntwn_to
annex certain real property into the City of Fayetteville, Washington, County, tuxansas,
pursuant to ACA Section 14-40-601, et. Seq. as follows:
That Petitions own 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.
2. The Petitioners name k'Awrrl Rrrcne't as persons
authorized to act on their behalf with respect to this Petition.
3. The Petitioners desire 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.
Page 1 of2
The Petitioners herein desire that the Real Property become part of the
City of Fayetteville, Washington, County, Arkansas, and the Petitioners
state that they will do any 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.
Respectfiilly submitted this 1°I day of
OEc,e.r�a12 2005.
/'�� `�
i �7 lf_ Q &ZUfr
r2tL
rMU e 4�St-ARMS
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary
Public within and for the State and County aforesaid, duly commissioned and acting,
WITNESS my band and seal this day of D2 C 2005.
My Commission Expires:
Page 2 of 2
BEVERLY S. Bt)R1 NI
ARY PCBLiC. ARKANa
(MISSION EXE 04/1 SRI'
IN THE COUNTY COURT OF WASHINGTON
COUNTY, ARKANSAS
iLerojto I_ �p�6
PETITIONERS:
NO. CC ZCOL -
ORDER OF ANNEXATION
On this' Mid JM60W, zca. , comes onto be heard the petition of the owner of the
following described property in Washington County for its annexation to the City of
Fayetteville, Arkansas:
(See Exhibit "A" Enclosure)
and it appearing to the court that notice of this hearing has been given for three
consecutive weeks by publication in the Morning News, a newspaper of general
circulation in the County, as provided by law; that the territory proposed to be annexed is
accurately described in said petition and the plat attached hereto is declared to be the plat
of said property and said property should be annexed to the City of Fayetteville,
Washington County, Arkansas, as prayed.
NOW THEREFORE, IT IS BY THE COURT CONSIDERED AND ORDERED that
the territory hereinabove described be and is hereby annexed to the City of Fayetteville,
Washington County, Arkansas, and that the petitioners pay the cost of this proceeding
and that the plat attached hereto is declared to be the plat of the property annexed.
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A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02°38'25"W 661.08'
FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING
THENCE S02°38'25"W 330.92', THENCE N88°16'00"W 1278.75' TO THE EAST
RIGHT-OF-WAY OF COUNTY ROAD #27, THENCE ALONG SAID RIGHT-OF-
WAY N02°27'01'E 329.38', THENCE S88°20'05'E 1279.86' TO THE POINT OF
BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
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VICINITY MAP
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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
PETITION TO ANNEX TERRITORY TO
The Petitioners, Lloyd and Joan Hays Revocable Trust, Jor
hereby submit their Petition to annex certain real property into the
Washington, County, Arkansas, pursuant to A.C.A. Section 14-40•
follows:
That Petitions own 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.
The Petitioners name David W. Hays and Karen S. Hays as persons
authorized to act on their behalf with respect to this Petition.
The Petitioners desire 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.
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.
The Petitioners herein desire that the Real Property become part of the
City of Fayetteville, Washington, County, Arkansas, and the Petitioners
state that they will do any 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.
C N
Lloyd 4 Joan Hays Revocabl Trust
Joan C. Hays, Trustee
SUBSCRIBED AND SWORN TO before me, a Notary Public, on this theee
day of Snuar 2006.
My Commission Expires:
S//Ri
OFFICIAL SEAL fl
TYLER HEATH BENSON
NOTARY PUBLIC. ARKANSAS]
WASHINGTON COUNTY
COMMISSION EX2. 4511612015;
Page 2 of 4
Exhibit A �}I
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Mar 17 06 10:13a
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MEMORANDUM TO CITY COUNCIL MEMBERS
RE: Fletcher Williams Annexation Request
From: Rundy Ritchey. P.E.
03/12/06
Dear Council Member:
'Ibis memo is to provide all
information possible for use in
your decision
regarding the annexation
of Mr. William's property.
I will list below several items
that I believe
will be helpful to you in
your decision.
• A neighborhood meeting was held, all neighbors wtrc notified and all but 2 attended. At
that meeting we presented the concept plan, presented photos of actual houses that represent
the type and style of homes planned for the development and took comments and questions
from the neighbors. All neighbors in attendance were in favor o€ the development.
• City planning staff is in support of the annexation.
• Our plan provides consistent adjacent land uses to match existing developments where
applicable. We are providing single family property adjacent to the existing single family
subdivision to the East (Legacy Point) and on the West (across Double Springs Road).
• The property owner to the south (Hayes) is currently in Washington County but is currently
in the annexation process. Another property owner to the south (Michael Williams) is also
in Fayetteville Planning Division and petitioning for City annexation. With these 2
additional properties, we are part of an approximate 20 acre annexation request
• The property immediately north of us is owned by L&L construction, and they are currently
developing the property as a mini storage facility. This development would not be allowed
in this location if the property was within the City's jurisdiction, so this property owner is
not currently willing to annex. City Planning staff have discussed with them about
annexation and they are not willing at this time. However, they have stated they would
consider annexation after they have completed die construction of the mini storage facility.
• Although this annexation does create an island, we have made all attempts to eliminate this
situation. City planners have attempted to work with the property owner to the north and
encourage them to annex, but due to the nature of their development they are not willing to
at this time. We feel confident that as soon as they are finished with the construction of the
mini storage facility they will also be willing to annex.
• This property is located in a sewer assessment area and the proposed development would be
a source of significant sewer assessment fees for the City's use.
"And the rain descended, and the floods came, and the winds blew and beat upon that house; and it fell not: for it was
fourdcd on a Rue." Matthew 7:23
Clarice Pearman - Ords. 4849, 4850, 4851, 4852 & 4854
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.7.06 4:24PM
Subject: Ords. 4849, 4850, 4851, 4852 & 4854
Jeremy,
Attached are the above ordinances passed by City Council, April 4, 2006 regarding various vacations,
annexations, rezoning and waivers.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; GIS
Page 1
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
ORDINANCE 4851
Was inserted in the Regular Editions:
April 13, 2006
Publication Charge: $107.31
Subscribed and sw�orrbefore me
This/3day of 'Jr2&jn'tt , 20741
Notary Public J/Ji(fns
Notary Public
State of Arkansas
ek fission Expires
My Commission?
cto 'er 18, 2014
**N0TE** Please do not pay from Affidi
Invoice will be sent.
asic. in ASSN
AN ORDINANCE ANNEXING THAT ANNEXATION PROPERTY
le
DESCRIBED IN PETITION N ANXANX O -
1935 (CC2005-5a), FOR PROPERTY LOCATED AT
354 AND 370 DOUBLE SPRINGS ROAD, CONTAIN-
ING APPROXIMATELY 9.70 ACRES 5
SE R ORDAINED DY TIC CRY COUNCIL
OF THE CITY OF FAYETTEVILLE, ARRANSASI
Section 1: That the City COu cil hereby confirms the annexation to the City of Fayetteville, Arkansas.
Of that property d9acrped in Exhibit -A- attached hereto and made a part hereof
Section 2 That the Official map of the City of Fayettevi le, Arkansas, is hereby amended to reflect
the change provided in Section 1 above.
Section 3: That tie official zoning map of the City of Fayetteville, Arkansas is hereby amended to
assign the zoning designation of R -A, Residential Agricultural to the subject property.
Section 4'. That the above -described property is hereby assigned to Ward No. Four
PASSED di APPROVED this 41h day of April, 2006.
APPROVED: ATTEST
By
DAN 0000% Nee. SONORA IIERN, CIgr Cli t
EXHIBIT'A
-
ANX 06-1935
A PMT OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,
SHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE
LAALY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS
661 a' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE
S029B'255Y 330.92, THENCE N88'16WW 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY
ROAD 927. THENCE ALONG SAID RIGHT-OF-WAY NO2°27D1'E 329.38'. THENCE SBB'2g'O&E
1279.88TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY
RECEIVED
APR 17 2006
CnM OF FAYETTEVILLE
CT' CLERK'S Off CE
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
682-5070
Building & Grounds
682-3407
Communications & Education
683-0057
State Capitol Police
682-5173
Business Office
682-8032
Information Technology
682-3411
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 05/05/2006
Annexation:
Incorporation:
Census Information:
1st Class City
2nd Class City
Incorporated Town
County: Washington City: Fayetteville
Ordinance No. - 4851
Co. Order No - 2005-54
Plat -x
Election -
Island -
Ordinance No. -
Co. Order No. -
Plat -
Election -
The following City or Town has been upgraded or reduced to:
I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway aid
Transportation Department. If you have any further questions please do not hesitate to contact m at
1-800-482-1127 or 682-3526
Sincerely,
RECEVE
Tena Arnold
Election Services Representative MAY I. U
Arkansas Secretary of State
CITY OF FavETI
CITY CLERK'S 0
Room 256 State Capitol • Little Rock, Arkansas 7 220 1-1094
501-682-1010 • Fax 501.682-3510
e-mail: arsos@sosmail.state.ar.us • www.sos.arkansas.gov