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HomeMy WebLinkAboutOrdinance 4902 Doc ID : 010305910003 Tvoe : REL Recorded : 06/24/2006 at 03 : 26 : 01 Ph Fee Amt : $14 . 00 Pace 1 of 3 Mashinoton Countv . AR Bette Stamps Circuit Clerk File2006_00034952 0 o G7 r t to C7� ORDINANCE NO. 4902 'v p a, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 06-2125 (CC2006-5), FOR PROPERTY LOCATED AT THE NORTH END OF 59TH AVENUE, OFF WEDINGTON DRIVE, CONTAINING APPROXIMATELY 60.20 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" and map labeled Exhibit `B" attached hereto and made a part hereof , Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. Four. 11I,111p ONW leff VaNy PASSED and APPROVED this I51 day of August, 2006. S : FAYETTEVILLE • APPROVED- ATTEST: _�:• :.N,. �9s�9PKANSP�J�',' Go`S By: / By: D AN COODY, ayo SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2125 ALL OF THE NW 1 /4 OF THE NW 1 /4 AND PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 11 , T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1 /4, NW 1 /4 THENCE S00°58'0159W 1994.84 FEET, THENCE N89005 '25"W 1321 .29 FEET; THENCE N01003 ' 51 "E 1979.92 FEET; THENCE S89°44'21 "E 1318.03 FEET TO THE P.O.B. ; CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. > ? EXHIBIT " B.. I 4"'`06-2125 DUNNERSTOCK/FOSTER One Mile View y '•� li. r P .:A A41 { > � w •.j.rl. .th Y � � r y ': ♦ 1 i2 S' tl wi t - t r y 1 ra �,. �� i "1T,. '�� AX•C�� _ix.i^ ° f� �` , z� nk i ':a�� ,s � ` • €,fit$ c + irk' b l �+ r w µy Y .:i s �.' �'•` � '�iR � k 3 fir' } } 4 y 3 SUBJEC7PROPERTY r tea . syh �+ � RSF! t. 8r; >�r ix, fl2 .. 7Y N ,p'_s R" •`wr e bz ,p�v"'� nh73 r',4` " qvr; Slr4 ] Rsr E r ,� +"�-'ha-�'LtT i^�' • ! r t 9 .`r rx .P.�3�Y, r5. w_ Overview . . Legend Boundary -- - - - - -_ S*edpfoperty 00% . Plarutlng Am . nnttoe zizs 0 8 Overlay o>Sbift r �eoo Oireide city -- "� Legend Hillside-Hilltop O eday District 00, 125 ,25 0.5 0. 75 1 M les 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 n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: 7d 04 City Atto ney Received in C' Clerk Office ENTER D Finande and Internal Service Dire rate Received in Mayor's Office7 ENTFREO 30 404(a , 14 06 Mayor Date Comments: /�eFf on #c �'ecena/ �-tadrn � /is/�10 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 View One MileleView li /�J ,, t 1 � .1 i , _ ���•�.t l I S i 1 I I „.e r 1 j I I ( 31 a I I I �{• I = SUBJECT PROPERTY -- P IGS i:j If. ' NItlD .. j (� . � L I-1 i 1 n 1 DR 1� 1 s s ♦ r 4--� � I I1; OY F! ft ftA �i5�d 0.A IIiA i12 :r 1 I pSFd RSf-0 1 _ L ?: ml 3 4 I1t II V 1 1 R .F I J R d 1 IIIIj111� 0.5F 1 FF } rr �. Y Y > ++-`ti''2 1 _5 i h •#-'an' -h Shy +L A '. l - w Overview Legend Boundary -" "- Subject Property .-� - - __ . Plamirg Area a ANXo6-2125 lP0000, o OveAay Oishict ooa000 rT, OUtSide Legend Hillside-Hilltop O eday District 00 . 120 .25 0 :5 0 . 75 1 M les 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 21441 1 101 2046IL 81 10 - I _ • 20047 I 80 II — 11 70148 i 12 61 218.98' 11753 70150 /1755-00! 14 20151 16 j 36 11754 1321.29 10152 16 ! 20153 35 O 20154 J4 pp 16183 a1 pp �7F 10!55 33 ��.-r-- 19 PROPERTY TO BE - 70156 32 REZONED 0 o 20157 31 021 16179 20/58 30 16182 22 20159 I 29 N89'01'88"W 23 139.80' 20160 I 28 S00458002'W I24 16180 93.91' 20/61 27 :X. B' SWR. 10' 525 . RIW ;L 16178 26 20162 - _ 89 9'29'111 99.94 - _ _ 4* 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 j-�._. 1z5 ¢I _• RT12 1� �( I � T• i - i-, ,� 7 }uln ..d 1;�' j `RD IL ,i 1 ( 12 1, Jt R ftA 6c2J RA.� - RAT.12 _ 1 RSF �T—G �r Jr_ .16 _ WEOIN DR EnnYGipN D _ _ d r� R }� -hM i I / WEDINGTOND J - TJ _IN_C- ' J.-- rJ -PF Fi J }.' ( `h S • �. '. �� % ' RSF -I! '' I i O ♦. asF� x I I i 1j._ ft -1 5F > - - VWORST u i. Li . RI t r R 't _ -.V 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 R7.12 a ®PV'IJJRT 121E t 41 mIla R;.f2®��10 , I JO' a:tYe. A v a ,.. ® .. . Td ® ®.. I - . i RT_ I a O RSF.4-RA ;_a ...0 D® ED RT12 �ppa • .- .. tyR - .® �1 !y ® RA O,r2�a.'n " 4RRMF-6 y/ - + • F"Y -AA rRSF-0. Legend Overview 80000 ®0008 Oveday District — FLOODWAY — 500 YEAR — 100 YEAR ---- UMD OF STUDY 1fillside4fMop Overlay Disbic _ _ _ Baseline Profile D Fayetteville '.T'j Outside City ® AW106-2125 vector.GDB.Footprint 2004 0 175 350 700 1,050 1,400 Feet 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> I J w _ m MOORE•._.- PA PRNAiE'12390 /__!_____- � HAMESTRING RD q n • . r • e r • - 'RURkJiD_ 1 i •• ' ELOECAYU R0 �! 1 I1 1 • . h HONOhE 1• !gip'—JEANFAYS c ! • 1IrI • ^jIIII� T 1•• A n t -i n!.rv. ti'J x .a 1 1 I R Ij _ .M9} ERdiD • r ING f vy ffffff _ l •1 w +L-�; . pR � � - 1 ' ' ' ETARNfiE RD n u pit ' 4 o . y o W= LTi;i P f LT Tn i l. . �, Y 1� 1 • , O ; • n , m yQJ 11 ; P 1 # i .!!ry .. _ 1 O 1, GENEVIEVE A4f _ - _fl ••!al .Y% r 1 . 0 r 1 Y �.� 1.-�t"`� P�� m I'. L p' 1 � � 11 ,y �y •i 1/ � : f, /-1. CO N 1 I. YC IE+ .p . :. . • • .p R I T2 1 1 1'e 6 '... � 1 i r p • q ...• y O J 51TH 9 w 1 fl ! . 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"MA A —yi p y THIGH AVE•, ALLEY 4301 �, ONGFELLOW LN -'z,�J1 •• •Z�j r A at�—I` ALLEY 4240 LARKSPUR LN MC DOWLAND SDR Z Z -- -- __,--+-,L'_uL-' IJ7 EATS OR PLUM TREE DR s ' it O DAISY LN ! O ALLEY 4105 -- Y•; w JJORDSWORTH LN - HISTIE ,LLEY4040, • '•* + _ JPPLERD i -__� - DDEN CRE . � _ •__ _ � � �� ��� �� X17 ��1• 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 Q 2/J t =-cl C r C) Zp ' 1 7.1 U i 1 z 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 ..