HomeMy WebLinkAboutOrdinance 4902 Doc ID : 010305910003 Tvoe : REL
Recorded : 06/24/2006 at 03 : 26 : 01 Ph
Fee Amt : $14 . 00 Pace 1 of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
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ORDINANCE NO. 4902
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AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2125
(CC2006-5), FOR PROPERTY LOCATED AT THE NORTH
END OF 59TH AVENUE, OFF WEDINGTON DRIVE,
CONTAINING APPROXIMATELY 60.20 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" and map labeled Exhibit `B"
attached hereto and made a part hereof ,
Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above-described property is hereby assigned to Ward No. Four. 11I,111p
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PASSED and APPROVED this I51 day of August, 2006.
S : FAYETTEVILLE •
APPROVED- ATTEST: _�:• :.N,.
�9s�9PKANSP�J�','
Go`S
By: / By:
D AN COODY, ayo SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2125
ALL OF THE NW 1 /4 OF THE NW 1 /4 AND PART OF THE SW 1/4 OF THE NW 1/4 OF
SECTION 11 , T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1 /4, NW
1 /4 THENCE S00°58'0159W 1994.84 FEET, THENCE N89005 '25"W 1321 .29 FEET; THENCE
N01003 ' 51 "E 1979.92 FEET; THENCE S89°44'21 "E 1318.03 FEET TO THE P.O.B. ;
CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
> ? EXHIBIT " B..
I
4"'`06-2125 DUNNERSTOCK/FOSTER
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City of Fayetteville
Staff Review FormOa
City Council Agenda Items qwX a
or "'Otrview
Contracts r�o .&rz#ft�
18-Jul-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 06-2125 (Dunnerstock/Foster, 397): Submitted by James McCord for property located at north end of 59th Avenue, off
Wedington Drive. The property is in the Planning Area and contains approximately 60.20 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
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Account Number Funds Used to Date Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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Department Director Date Original Contract Date:
Original Contract Number:
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Comments:
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City Council Meeting of July 18, 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: June 29, 2006
Subject: Annexation for Dunnerstock/Foster (ANX 06-2125)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 60.20 acres of property located at 59"' Avenue, north of Wedington.
BACKGROUND
The subject property contains approximately 60.20 acres and is located north of
Wedington Drive. The Master Street Plan designates 591h Avenue as a collector street,
which if constructed, would traverse north through the subject property. The Heritage
Village Subdivision is located adjacent to the east property line, with an existing stub-out
that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
DISCUSSION
This item was heard at the regular Planning Commission on June 26, 2006. The Planning
Commission voted 6-2-0 to recommend approval of this annexation request to the City
Council, with Commissioners Ostner and Anthes voting no.
BUDGET IMPACT
None.
I,
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06-2125 (CC2006-5), FOR
PROPERTY LOCATED AT THE NORTH END
OF 59T" AVENUE, OFF WEDINGTON DRIVE,
CONTAINING APPROXIMATELY 60.20
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" and map labeled Exhibit "B"
, attached hereto and made a part hereof.
Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above-described property is hereby assigned to Ward No. Four.
PASSED and APPROVED thisday of 12006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2125
ALL OF THE NW Y< OF THE NW '/ AND PART OF THE SW '/ OF THE NW '/< OF
SECTION 11 , T16N, R31W 1N WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NW '/e, NW '/
THENCE S00058 '01 "W 1994.84 FEET, THENCE 1489005 ' 25"W 1321 .29 FEET; THENCE
NO1003 ' 51 "E 1979.92 FEET; THENCE S89°44' 21 "E 1318.03 FEET TO THE P.O.B.;
CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
EXHIBIT " B "
ANXoDUNNERSTOCKUFOSTER
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Tayet Ie PC Meeting of June 26, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Faycltevillc, AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: June 20, 2006
ANX 06-2125: (DUNNERSTOCK/FOSTER, 397) : Submitted by JAMES MCCORD for
property located at N END OF 59Th AVENUE, OFF WEDINGTON DRIVE. The property is in
the Planning Area and contains approximately 60.20 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.
PLANNING COMMISSION ACTION: Required YES f r
ar + r=�k � '�a� - ` � � �Forivarded =*��` ❑ Demed .� ,
Date June 26,1006
CITY COUNCIL ACTION: - Required '= YES W k
❑ Approved ❑ D Hied .. `..
Date July'18 2006 (15` reading if recommended) -
BACKGROUND:
Property description & Proposal: The subject property contains approximately 60.20 acres and
is located north of Wedington Drive. The Master Street Plan designates 59th Avenue as a
collector street, which if constructed, would traverse north through the subject property. The
Heritage Village Subdivision is located adjacent to the east property line, with an existing stub-
out that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits, and anticipated development of the property as proposed by the
owner will be consistent and compatible to surrounding subdivisions should the property be
annexed into the City of Fayetteville. Furthermore, the annexation proposed creates a logical and
reasonable city limit boundary in this location.
K:lReporul2006l PC ReporaIO6-26-061ANX 06-2125 (Dunnerstack_Fos(er).doc
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Single family homes on large lots R-A, Residential Agriculture
East Heritage Village Subdivision RT- 12, Residential Two and Three Family
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: The site has access to Wedington Drive, Fountain Street and 59`h Avenue.
Improvements will be required to surrounding streets which includes off-site
improvements. An evaluation will be made by staff at the time of preliminary plat
or large scale development.
Water: Public water is near to the site. A study of the water system shall be conducted by
the developer. Substantial improvements to the water system may be required
which includes off-site improvements. An evaluation will be made by staff at the
time of preliminary plat or large scale development.
Sewer: Sanitary sewer is near to the site. Substantial improvements to the sewer system
may be required which includes off-site improvements. This development will be
within the sewer assessment area. An evaluation will be made by staff at the time
of preliminary plat or large scale development. A study of the downstream system
shall be conducted by the developer.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire:
The 60.20 acres are covered by Engine 7 located at 835 Rupple Road.
It is 1 .8 miles from the station with an expected response time of 4 minutes.
The Fire Department anticipates 55 (33 EMS — 22 Fire/Other) calls for service per
year once the development is completed and maximum build-out has occurred.
There are no recorded measured hydrant flows for this area.
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.
K. IRepor[s12006PC Reports106-26-06LiNX 06-2125 (Dunnerslock_Fos(er).doc
LAND USE PLAN : General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
FINDINGS:
11 .6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11 .6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: Annexation of the property will not create an island of unincorporated property
or a peninsula. The subject property is adjacent to an existing peninsula,
however annexing the property will not extend the existing peninsula. Rather,
the boundary created is an acceptable and logical extension of the city limits in
this area.
11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the City Limits to the south and
east.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently vacant at this time and is located west of an existing
residential subdivision. The property does not consist of defined subdivisions or
neighborhoods; however, once annexed into the city, the applicant intends to
process a preliminary plat to approve subdivision of this property. Access to
this property will be available from Wedington Drive to the south and from
Fountain Street to the east, from Heritage Village Subdivision. Annexation of
the property to allow for Planning Commission review of development in
accordance with City standards is recommended.
11 .6.d Boundaries for annexed areas should follow natural corridors.
Finding: The proposed city boundary, should the subject property be annexed, does not
follow natural corridors. However, the subject property, if annexed would
create a continuous horizontal boundary along the north property line of the
Heritage Village Subivision.
1 1 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 4 minutes for fire protection
from Fire Station #7. Extension of water and sewer lines shall occur at the
time of development.
K:IReportsQ006V'CReporaiO6-26061"X06-2/25 (Dunnersrock-Fotfer).doc
J
ENVIRONMENTALLY SENSITIVE AREAS
1 l .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, however there are sonic large
forested areas and several ponds. Additionally, the northeast portion of the
property is located in the Hillside/Hilltop Overlay District. At the time of
development, the proposal will be reviewed under all applicable City codes,
including the Hillside/Hilltop Overlay District requirements.
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports that this annexation and rezoning will not
substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and
congestion in the area.
11 .6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service shall be provided to this area with the same level of
response and service as other developments in this area.
11 .6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
11 .6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in the surrounding
areas.
11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to the surrounding street systems and installation of fire
hydrants would be made necessary by the annexation should additional
development occur on the subject property. Water and sewer extensions to this
property and street improvements will be reviewed at the time of development.
K:IRepor[s120061PC Reportsl06-26-06UNX 06-2125 (Dunnentock Foster).doc
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
11.6.0 Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R -A, Residential Agricultural. The
property owners request for annexation and request to rezone this property
RSF-4, Residential single family - 4 units/acre. This zoning designation is
• compatible with the Residential classification of the adjacent area on the City's
adopted Future Land Use Plan. Staff finds that this zoning designation is
compatible with that of the property being developed to the south.
11.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve this property.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. However, the applicant
has included a conceptual drawing of a residential subdivision on the subject
property.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
K:IReports120061PC Reports106-26-06IANX 06-2125 (Dunnerstock_Foster).doc
Finding: The subject annexation is for approximately 60.20 acres, which is contiguous to
property within the city limits on both the south and east sides. There is an
existing street stub -out from the adjacent Hertiage Village Subdivision, which
would be extended through the subject property should development occur.
Additionally, the Master Street Plan indicates the extension of 59th Avenue from
its current location, north through the subject property. The extension of 591h
Avenue shall be reviewed at the time of a development proposal.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 60.20 acres.
K:IReports12006PC ReportsI06-26-06WNX 06-2125 (Dunners[ockFoster) .doe
From Fayetteville General Plait 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
I I.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stonnwater 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.
1 I.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: IReporal20061PCReportsl06-26-06L4NX 06-2125 (Dunnerslock_Foster)doc
Fayetteville Fire
Department
MEM
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
Asst Chief Bud Thompson
From: Captain Dale Riggins
Date:
June
20,
2006
Re:
June
19,
2006 Zoning Review - Fire Department Comments
ANX06-2125 (Dunnerstock/Foster)
RZN06-2126
These 60.2 acres are covered by Engine 7 located at 835 N Rupple Road.
It is 1.8 miles from the station with an expected response time of 4 minutes.
Fire Department anticipates 55 (33 EMS — 22 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
There are no recorded measured hydrant flows for this area.
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.
ANX06-2127 (Williams)
This 1.0 acre is covered by Engine 7 located at 835 N Rupple Road.
The property is 2.4 miles from the station with an expected response time of 5.5
minutes
Measured hydrant flow in the area is 1465 gallons/minute.
We do not figure projected calls for service on properties that are being annexed.
ANX06-2129 (McDonald/Bridged ale II,)
These 14.21 acres are covered by Engine 5 at 833 N Crossover.
The property is 2.8 miles from the station with a projected response time of 6
minutes to this development. After Station 3 is built, on the corner of E Huntsville
and Happy Hollow, the distance to the development will be reduced to 1.8 miles with
an anticipated response time of 3.75 minutes.
Measured hydrant flow in the area is 1510 gallons/minute.
We do not figure projected calls for service on properties that are being annexed.
Please feel free to contact me if you have any questions
Date Riggins
IT/Planning
Fayetteville Fire Department
June 19, 2006
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 06-2125(DUNNERSTOCK/FOSTER, 397): submitted by JAMES
MCCORD for property located at NORTH END OF 59TH AVENUE OFF OF
WEDINGTON DRIVE would substantially alter the population density and thereby
undesirably increase the load on public services and create an appreciable increase in traffic
danger and congestion. This property is in the planning area and contains approximately
60.2 acres. The request is to annex the subject property into the City of Fayetteville.
It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density or create an undesirable increase the load on
police services nor will it create an appreciable increase in traffic danger and congestion in
the area.
In reference to RZN 06-2126 (DUNNERSTOCK/FOSTER, 397): submitted by JAMES
MCCORD for property located at the NORTH END OF 59 AVENUE OFF OF
WEDINGTON DRIVE. The property is in the planning area and contains approximately
60.2 acres. The request is to rezone the subject property to RSF-4, Residential Single
Family, four units per acres.
It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density or create an undesirable increase the load on
police services nor will it create an appreciable increase in traffic danger and congestion in
the area.
I
IN THE COUNTY COURT OF WASHINGTON COUNTY, ASAS , k--
No. CC -2006- S
cc>_ -s
IN RE: ANNEXATION PETITION OF DUNNERSTOCK DEVELOEh1=T, IN,.;.
JANITA F. MOORE, TRUSTEE OF THE JANITA F. MOORE REVOCABLE
TRUST u/t/d JUNE. 30,1997; AND, DENNIS WNAPIER AND GAY LYNN
NAPIER AS CO -TRUSTEES OF THE DENNIS. AND GAY LYNN NAPIER
FAMILY REVOCABLE TRUST, u/a(d NOVEMBER 5, 1999
PETITION TO ANNEX PROPERTY TO CITY OF FAYETTEVI LE
For their Annexation Petition, the undersigned Petitioners state:
1. Petitioners are the owners of a majority of the real property located
in Washington County, Arkansas; described in Exhibit "A" attached hereto. Said
property is contiguous to and adjoining the City of Fayetteville, Arkansas.
2. Petitioners name James N. McCord, attorney at law, as the person
authorized to -act on behalf of Petitioners.in this annexation proceeding. James N.
McCord can. be contacted at 11 N. West Ave, Suite 202, Fayetteville, AR 72701;
telephone:(479) 695-11.34; Fax:(479) 695-1135.
3. Attached
hereto as Exhibit "B" is an
accurate map
of the real
property described in Exhibit "A" attached hereto.
WHEREFORE,
the undersigned Petitioners
pray that the
Washington
County Court enter an order :granting this Petition
and annexing
the territory
described
in
Exhibit
"A"
attached
hereto to. the
City of
Fayetteville, Arkansas.
PETITIONERS
Dunnerstock Develo ment Inc.
An Arkans co do
By:
ark B. Foster, Preside
Signature page for Annexation Petition of Dunnerstock Development, Inc., et al.
JANITA F. • Mt ORE; Trustee of the
Janita F. Moore Revocable Trust
u!t/d June 30, 1997
Signature page for Annexation Petition of Dunnerstock Development, Inc., et al.
Dennis W.:Napier, Co -Trustee of
the Dennis and Gay Lynn Napier
Family Revocable. Trust, u/a/d
November 5, 1999
tL hrt�
ay y Napier,, C -TnisteeFof
The Dennis•and Gay Lynn Napier
Family Revocable Trust, Wald
November 5, 1999
O
O
mac==r.: o.
IN THE COUNTY COURT OF WASHINGTON COUNTY ARIMLSS
No. CC- 2006-5 or
IN RE: PETITION OF DUNNERSTOCK DEVELOPMENT, INC.;MTh A FoLi
MOORE, TRUSTEE OF THE JANITA F. MOORE REVOCABLE T1 1` `T;u/t
JUNE 30,.1:997; AND, DENNIS W. NAPIER AND GAY LYNN NAPIER AS. ca -
TRUSTEES OF THE. DENNIS AND GAY LYNN NAPIEk.FAMILY
REVOCABLE TRUST, u/a/d NOVEMBER 5, 1999 TO ANNEX PROPERTY TO
CITY OF FAYETTEVILLE
ORDER OF ANNEXATION
On this 11th day of April, 2006, comes on. for hearing before the
Washington County Court the Petition to Annex Property to City of Fayetteville
filed by Dunnerstock, Inc., Janita F. Moore, Trustee of the Janita F. Moore
Revocable Trust u/Ud June 30, 1997, and Dennis, W. Napier and Gay Lynn
Napier as Co -Trustees of the Dennis and Gay Lynn Napier Family Revocable
Trust, u/a/d November 5, 1999. From a review of the' case file and the proof, the
Court finds:
1.. The allegations of the Petition to Annex Property to City of Fayetteville
are sustained by the proof;
2. The requirements -for signatures under Ark. Code Ann.. Sec. 1440-601
have been complied with;
3. The limits
of the territory to
be annexed have been
accurately
described
and an accurate
map, thereof made and
filed; and,
4. The prayer of the petitioners is right and proper
IT IS, THEREFORE, ORDERED that the Petition to Annex Property to
City of Fayetteville filed herein is hereby granted and the territory described in
Exhibit "A" attached hereto is hereby annexed to the City of Fayetteville,
Arkansas:
ENTERED this. 11th day of. April, 2006.
Jun 21 06 12:35p
P.3
2GAL DESCRIPTION1 (PROPERTY FO 8E A Nf NSXEP)
.. i 'O.L .-u LVC.••:�.S•
AiJ. p < Tyr:, HW!/4 or me NW!/4 w� PART or rat SW!/4 or. me NWf/4 or SECT ox !!, TI6N,
Rd1W• fN,WASNINOTON COUNTY, ARKANSAS AND $E1N0'DESCRlBED a r0u oar BEB1NN1x0 A7 THE NE
CO
MM 'of JA1D NW!/4, NW!/4 T.ENClJ 300°6$'01•'W 1994.64 PUT, mzNCC 46.9°06'26W 1321.29
FiCEN0!0'11979.9E FEET,7CES$9°44'EI'E !(8.03FEETTOE'P08CN1N0 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT Cr WAY Or RECORD.
11483
1)423
11424
NE CORNER
11420 NW1/4, NW//4
IN6�3
(POUND STONE) rollvry
11629
11635-003
_.. --- _.. 40 LINE_,
(1667
98.92'
11752 50'
PROPERTY TO BE ANNEXED -
PROPERTY TO BE
ANNEXED 8 REZONE
PROPERTY TORE
ANNEXED 8 REZONI
H.E. & CALLIE
Bummcx PARx
131 f
21451 `
129
z
122
11221
123
11 t
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101
2046IL 81
10
- I _ • 20047 I 80
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11
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12 61
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11753
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14
20151
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10152
16
!
20153
35
O
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19
PROPERTY TO BE
- 70156
32
REZONED
0
o
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31
021
16179
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30
16182
22
20159
I
29
N89'01'88"W
23
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20160
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28
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16180
93.91'
20/61
27
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10'
525 . RIW ;L 16178
26
20162
- _
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_
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50.94.
J IGHWAY l6 WEST DINGTON DRIVE
1622/
SE CORNER
SWI/4.
NW//4
.�, -t'. 1 cc ianlvs,en LI - — —
ANX06-2125
One Mile View
DUNNERSTOCK/FOSTER
SUBJECT PROPERTY
RSF I RA
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Overview Legend Boundary
_ - ----- Subject Property
Area
' ANX06-2125 8000%
0 O Overlay District
000000
Outside City
Legend
Hillside -Hilltop O erlay District
00.12025 0.5 0.75 1
Miles
ANX06-2125 DUNNERSTOCK/FOSTER
Close Up View
4Jltx °
:4Ii SUBJECT PROPERTY
Jk
. '"J -I -J° Le
Is
RT.12
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a ®PV'IJJRT 121E
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— 100 YEAR ---- UMD OF STUDY
1fillside4fMop Overlay Disbic
_ _ _ Baseline Profile
D Fayetteville
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® AW106-2125
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BiI1"IiI2:4It•
From:
To:
Date:
Subject:
Wedington Drive)
Lioneld,
C.3 �Nu
"Jim McCord" <jimmccordlaw@alltel.net>
<Iljordan7@hotma i l.com>
7/12/06 11:39AM
Dunnerstock Annexation/Rezoning to RSF-4 (60.2 acres at end of 59th Ave. north of
This morning I confirmed with the office of the Resident Engineer for the
Arkansas Department of Highways and Transportation that the Highway
Department has executed a contract for a project to widen Wedington Drive
(Arkansas Highway 16) to 4 lanes, plus a turn lane, from Meadowlands to
Double Springs Road. I was advised that utility relocation work has begun
and that the projected completion date of the widening project is May 1,
2008.
Jim
James N. McCord
Attorney at Law
11 N. West Ave., Suite #202
Fayetteville, AR 72701
Telephone (479) 695-1134
Facsimile (479) 695-1135
jimmccordlaw@alitel.net
CC: <ssmith@ci.fayetteville.ar.us>
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From: Clarice Pearman
To: Pate, Jeremy
Date: 8.8.06 1:31 PM
Subject: Ords, 4902, 4903, 4907, 4908 & 4909
Jeremy,
Attached is a copy of the above ordinances passed by City Council, August 1, 2006. If anything else is
needed please let me know.
Thanks.
Clarice
CC: Audit; GIS
` • 1 i' ♦ / ;ice 1
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Elizabeth Wax, 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 4902
Was inserted in the Regular Editions:
August 11, 2006
Publication Charge: $99.65
Subscribed and sworn to b fore me
This//day of , 2006.
Notary Public
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
ORDINANCE NO. 4902
AN ORDINANCE ANNEXING THAT PROPERTY a e �1
DESCRIBED IN ANNEXATION PETITION ANX O j
2125 (CC2006-5), FOR PROPERTY LOCATED AT Y
THE NORTH END OF 59TH AVENUE, OFF WEDING
TON DRIVE, CONTAINING APPROXIMATELY 60.20 ARKANSAS
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' and map labeled Exhibit '8' attached hereto and made a
pan hereof: -. - q'.
1
Section 2: That the official map of the City of Fayetteville Arkansas. is hereby amended to reflect
the change provided in Section 1 above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to
assign the zoning designation of R -A, Residential Agricultural to the subject property
Section 4: That the above -described property is hereby assigned to Ward No, Four.
PASSED and APPROVED INS 1st day of August, 2006.
APPROVED: ATTEST: -
By: By.
DAN GOODY, Mayer - SONORA SMITH, City Clerk
EXHIBIT'A'
ANX 06.2125
ALL OF THE NW 1/4 OF THE NW 114 AND PART OF THE SW 114 OF THE NW 114 OF SECTION 11,
T16N. F131W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID NW 114. NW 114 THENCE S00?5B'01'W 1994.84 FEET.
THENCE N89?0525W 1321.29 FEET; THENCE N01703'51 -E 1979.92 FEET; THENCE S89?4421'E.
1318.03 FEET TO THE P.O.B.; CONTAINING 80.21 ACRES MORE OR LESS SUBJECT TO EASE-
MENTS AND RIGHT OF WAY OF RECORD.
EXHIBIT'B' is a map and may be viewed in the City Clerk's office during normal business hours.
WASHINGTON COUNTY
{ STATE OF ARKANSAS
?;�����j Washington County Courthouse
"..' 8 280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
August 21, 2006
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 3 Fayetteville Annexations.
CC2006-2
CC2006-5
CC2006-10
If you have any questions you can give me a call at 444-1713.
RECEIVED
AUG 2? 2003
Ciry CLEpK'S OFFICE
O
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ORDINANCE NO. 4902
N
��.;�
ct
o
m
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2125
t,(CC2006- 5), \ FOR PROPERTY LOCATED AT THE NORTH
END OF '59TH AVENUE, OFF WEDINGTON DRIVE,
CONTAINING APPROXIMATELY 60.20 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" and map labeled Exhibit "B"
attached hereto and made a part hereof.
Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R -A, Residential Agricultural to the subject
property.
Section 4: That the above -described property is hereby assigned to Ward No. Four
PASSED and APPROVED this 151 day of August, 2006.
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2125
ALL OF THE NW 1/4 OF THE NW 1/4 AND PART OF THE SW 1/4 OF THE NW 1/4 OF
SECTION 11, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1/4, NW
1/4 THENCE S00°58'01"W 1994.84 FEET, THENCE N89°05'25"W 1321.29 FEET; THENCE
N01°03'51"E 1979.92 FEET; THENCE S89°44'21"E 1318.03 FEET TO THE P.O.B.;
CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
r
U
IN THE COUNTY COURT OF WASHINGTON COUNTY
No. CC- 2006-5 Dm " a
IN RE: PETITION OF DUNNERSTOCK DEVELOPMENT, INC.; JANITA'F. o
MOORE, TRUSTEE OF THE JANITA F. MOORE REVOCABLE TRUST u/tld
JUNE 30, 1997; AND, DENNIS W. NAPIER AND GAY LYNN NAPIER AS CO -
TRUSTEES OF THE DENNIS AND GAY LYNN NAPIER FAMILY
REVOCABLE TRUST, u/a/d NOVEMBER 5, 1999 TO ANNEX PROPERTY TO
CITY OF FAYETTEVILLE
ORDER OF ANNEXATION
On this 11th day of April, 2006, comes on for hearing before the
Washington County Court the Petition to Annex Property to City of Fayetteville
filed by Dunnerstock, Inc., Janita F. Moore, Trustee of the Janita F. Moore
Revocable Trust u/t/d June 30, 1997, and Dennis W. Napier and Gay Lynn
Napier as Co -Trustees of the Dennis and Gay Lynn Napier Family Revocable
Trust, u/a/d November 5, 1999. From a review of the case file and the proof, the
Court finds:
1. The allegations of the Petition to Annex Property to City of Fayetteville
are sustained by the proof;
2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601
have been complied with;
3. The limits
of the territory to
be annexed have been
accurately
described
and
an accurate
map thereof
made and
filed;
and,
4. The prayer of the petitioners is right and proper.
IT IS, THEREFORE, ORDERED that the Petition to Annex Property to
City of Fayetteville filed herein is hereby granted and the territory described in
Exhibit "A" attached hereto is hereby annexed to the City of Fayetteville,
Arkansas.
ENTERED this 11th day of April, 2006.
Wa�irigtcln County Judge
2a.kjab
jjz
ill
0
I.EGAL. DESCRIPTION (PROPERTY TO BE ANNE E
.,.r..,,
/u6Or i1at.i.WI/4 Or THE NW!/4 AND PART OP THE SWIM Or TNd NWI/4 Of SECTION 11, TI6 r
RdIW IN..WASHINOTON COUNTY, ARKANSAS AND BEING DEJCRIBED AS /OLLOWV BEGINNING AT THe NE
CORNER OP SAW NWI/4, NW/IL THENCE 900°68'01'W 1994.84 veer, THENCE N89°06'26W 1321.29
nuT. THENCE N01?03'61'E /979,92 FEET, THENCE S89 °44'21'E 1318.03 FEET TO THE p.0.6.;
CONTAINING 60.21 ACRES MORE OR LASS SUBJECT TO EASENFIITS AND RIGHT Of WAY ON RECORD.
_:pY• i--- Tom.'----4� __ _ .y._.
.
wStiGT•State of Arkansas
Secretary of State
e-Wfl?' Y _ - Business & Commercial Services 682-3409
Elections 682-5070
Building & Grounds 682-3407
�- kxANSPB Communications & Education 683-0057
State Capitol Police 682-5173
Charlie Daniels Business Office - 682-8032
T. Secretary of State — Information Technology 682-3411
• August 24, 2006 - - -
-The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Avenue, Suite 300
-Fayetteville, AR 72701 .
Dear Ms. Pritchard: • - The Following Information has been recorded and filed in the Office of the Secretary of
State:
• Date:. 08/24/2006 County: Washington City: Fayetteville
Annexation; Ordinance.No. - 4902
Co. Order No - 2006-5
Plat - X--Dunnerstock/Foster Annexation
Election -
• g - Island -
Incorporation: .. Ordinance No. -
•Co. Order No. --
Plat -
Election
Census Information: The following City or Town has been upgraded or reduced to:
1st Class -
2nd Class City -
Incorporated Town -
I have forwarded this information to the Arkansas Municipal League and the Arkansas
,Highway and Transportation Department. If you have any further questions please do
not hesitate to contact me at 1-800-482-1127 or 682-3451
Sincerely,
Tena Arnold
Election Services Representative RECEI!
Arkansas Secretary of State
AUG2a
Room 256 State Capitol • Little Rock, Arkansas 72201.1094 CITY OF FAYET
501-682.1010 • Fax 501-682-3510
- - e-mail: arsos@sos.arkansas.gov• www.sos.arkansas.gov ..