HomeMy WebLinkAboutOrdinance 5170 Doc ID : 012459920003 TVDe : REL
Recorded : 08/29/2008 at 11 : 17 : 17 AM d
Fee Amt : $25 . 00 Pace 1 of 3
Neshinoton Countv . AR
Bette Stamps Circuit Clerk
File2008-00028645 y� N
r
ORDINANCE NO. 5170
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-2899
(CC2007-38), FOR PROPERTY LOCATED 0.5 MILE SOUTH
OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE,
CONTAINING APPROXIMATELY 53 .53 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, as shown in Exhibit "A" and depicted in 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.
tAAMM1Section 4: That the above-described property is hereby assigned to Ward No. Four. °�FRWTR,£q ''
s
PASSED and APPROVED this 19'" day of August, 2008. -)3;
: FAYETTEVILLE •
APPROVED: 'v ••qR P� •~ '
GTMA
By By: Q&dAde g PJ1�
DAN COODY, Mayor SONORA E, SMITH, City erk/Treasurer
PALge Me - . . . .
pw
1.0
ev
z
rak' � . . x n . .'. 4 {fi=r. '»
ams t s }
� � � � • a �� �,
iS+ m
ti C9 YS ,LR � �+`�• $tri. ��y '^s r t ` M1 - � .l
4 } I
s � 4
G
EXHIBIT "B"
ANX 08-2899
SHARP ANNEXATION LEGAL — PART OF SOUTHPASS
A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHWEST QUARTER
(NW'/4) AND A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST
QUARTER (NE'/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT
NORTH 02022'54" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SE'/4
OF THE NW'/4 OF SAID SECTION 25 ; THENCE SOUTH 87°49'29" EAST 1328.22 FEET;
THENCE NORTH 02010'31 " EAST 313 .33 FEET TO THE NORTH LINE OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25- 16-31 ; THENCE
SOUTH 88013'52" EAST 1317.99 FEET; THENCE SOUTH 02°36'53 " WEST 1332.74 FEET
TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87°45'45" WEST
1307.74 FEET; THENCE NORTH 01038'46" EAST 399.05 FEET; THENCE NORTH
04036'44" EAST 86.77 FEET; THENCE NORTH 88005'55 " WEST 895 . 11 FEET; THENCE
NORTH 19016'17" WEST 13 .40 FEET; THENCE NORTH 36° 16' 19" WEST 300.00 FEET;
THENCE NORTH 26056' 19" WEST 170.00 FEET; THENCE NORTH 15°56' 19" WEST 29.30
FEET; THENCE SOUTH 42°00'30" WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST
36.61 FEET; THENCE NORTH 02° 13'17" EAST 179.28 FEET; THENCE NORTH 86°42'23 "
WEST 22.36; THENCE NORTH 02°22'54" EAST 55.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 53 .53 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/29/2008 11 :17: 17 AM
and recorded in Real Estate
File Number 2008-0002864
Bette Stamps - Circuit I
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8119/2008
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 08-2899 (Frank Sharp, 631 ): Submitted by Appian Centre for Design for property located 0.5 mile south of
Highway 62 West and east of Holland Drive. The property is in the Planning Area and contains approximately 53.53
acres. The request is to annex the subject property into the City of Fayetteville.
Cost of this request Category I Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
t/(J Previous Ordinance or Resolution #
Department Di1na Date
G Original Contract Date:
Q 1 - y � Original Contract Number:
City Attorney Date
Recei EM
Cie Oif cteb
Finance and Internal Service Director Date
Received infD
Mayor's Office Q$ �
Mayor (, Date
Comments:
Revised April 16, 2007
li
City Council Meeting of August 19, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jcremy C. Pate, Director of Current Planning
Date: July 31 , 2008
Subject: Annexation for Frank Sharp (ANX 08-2899)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of the subject
annexation request for approximately 53 .53 acres of property located south of State
Highway 62 West on the east side of Holland Drive.
BACKGROUND
The subject property contains 53.53 acres and is located south of State Highway 62 (6th
Street) and east of Holland Drive. The property is undeveloped wooded hillside,
accessed from Highway 62. The property is surrounded by undeveloped and rural-
residential property. The subject property is adjacent to property in the City to the north,
and adjacent to the 910-acre SouthPass property to the southeast.
DISCUSSION
This item was heard at the regular Planning Commission meeting on July 28, 2008. The
Planning Commission voted 6-0-0 to recommend forwarding this annexation request to
the City Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED 1N ANNEXATION PETITION ANX 08-2899
(CC2008-38), FOR PROPERTY LOCATED 0.5 MILE SOUTH
OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE,
CONTAINING APPROXIMATELY 53 .53 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, as shown in Exhibit "A" and depicted in 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 of 12008.
APPROVED: ATTEST:
By : By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "B"
ANX 08-2899
SHARP ANNEXATION LEGAL - PART OF SOUTHPASS .
A PART OF THE SOUTHEAST QUARTER (SE%) OF THE NORTHWEST QUARTER ( NW'/4)
AND A PART OF THE SOUTHWEST QUARTER (SW'/4) OF THE NORTHEAST QUARTER
( NE'/<) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT NORTH
02022154" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SE'% OF THE
NW% OF SAID SECTION 25; THENCE SOUTH 87°49'29" EAST 1328.22 FEET; THENCE
NORTH 02° 10'31 " EAST 313.33 FEET TO THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID 25-16-31 ; THENCE SOUTH 88° 13'52"
EAST 1317.99 FEET; THENCE SOUTH 02°36'53" WEST 1332. 74 FEET TO THE SOUTH LINE
OF SAID 40 ACRE TRACT; THENCE NORTH 87045'45" WEST 1307.74 FEET; THENCE
NORTH 01 038'46" EAST 399.05 FEET; THENCE NORTH 04°36'44" EAST 86.77 FEET;
THENCE NORTH 88005'55" WEST 895. 11 FEET; THENCE NORTH 19°16'17" WEST 13.40
FEET; THENCE NORTH 36°16'19" WEST 300.00 FEET; THENCE NORTH 26°56' 19" WEST
170.00 FEET; THENCE NORTH 15°56'19" WEST 29.30 FEET; THENCE SOUTH 42°00'30"
WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST 36.61 FEET; THENCE NORTH
0201317" EAST 179.28 FEET; THENCE NORTH 86°42'23" WEST 22.36; THENCE NORTH
02022'54" EAST 55.00 FEET TO THE POINT OF BEGINNING, CONTAINING 53.53 ACRES,
MORE OR LESS.
fa C PC Meeting of July 28, 2008
y I ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: r ' '� ' � Updated.7uly 31, 2008
ANX 08-2899: (FRANK SHARP, 631/632): Submitted by APPIAN CENTER FOR DESIGN
for property located S OF HWY 62W. The property is in the Planning Area and contains
approximately 53.53 acres. The request is to annex the subject properties into the City of
Fayetteville. Planner: Andrew Garner
BACKGROUND:
Property description: The subject property contains 53 .53-acres and is located south of State
Highway 62 (6h Street) and east of Holland Drive. The property is undeveloped wooded hillside,
accessed from Highway 62. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Undeveloped/Rural Residential Planning Area/R-A
South Single Family Residential Planning Area
East Undeveloped Planning Area
West Rural Residential Planning Area
Proposal: The applicant proposes annexation of 53 .53 acres into the City of Fayetteville. The
applicant's submittal letter states that no development is being contemplated at this time.
INFRASTRUCTURE:
Streets: The property has frontage on Holland Drive (a collector street) and Wolfdale
Road (local street). Both of these roads are currently un-improved two lane roads.
Street improvements will be evaluated at the time of development.
Water: Public water is not available to this site. The nearest water is a 6-inch water main -
at Wolfdale Road which is about 1 ,000 feet to the south of the property. The
capacity of the existing main may need to be studied at the time of development.
K:IRepora1200WC Repor1s114 - hdy 18UNX 08-2899 (FranUharp).doc
i
Sewer: Sanitary sewer is not available to the site. The nearest sewer is a 6-inch sewer
main at Holland Drive and Holsten which is about 1 ,600 feet to the north of this
property. Improvements to the sewer system may be required dependent upon the
demand placed by the development. The capacity of the existing main may need
to be studied at the time of development.
Fire: The subject property is located approximately 3 .5 miles from Engine 6 located at
900 South Hollywood with a projected response time of 7 minutes. The Fire
Department discussed that along with the SouthPass development that is adjacent
to the southeast corner of the subject property, that this annexation will affect
response times along with calls for service in this part of the city. The developers
of SouthPass have expressed interest reserving a suitable location for a fire
department within their development that would address this concern.
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.
RECOMMENDATION:
Staff recommends forwarding the requested annexation with a recommendation for
approval based on the findings included as part of this report,
PLANNING COMMISSION ACTION:: . ', Required+ `,YFS
> I
=X . Forwardedf 11 Denied.
. i
Date: July 28, 2008 MoanT Anthes
Second: GrivesILI
Vote 6-0-0y;
CITY COUNCIL �ACTION �r`ti Required �YES� F .,.,
` 0 Approved `i4 Le 0 Denied ,A-
Date^' Aueust 19, 200 (lsi reading if recommended) ' t y t4 h ` '
LAND USE PLAN: General Plan 2025 identifies this property within the Planning Area as a Rural
Area and Natural Area which includes lands with limited development potential due to an
environmental resource and requires conservation and preservation in any development pattern.
Infrastructure is only available to serve low-density development patterns.
K. Wepons12008WC ReportsU4 - July 2814NX 08-2899 (Fran6Sharp).dw
FINDINGS:
12.3.4 POTENTIAL ANNEXATION AREAS
The potential annexation areas should be identified by the City using the following criteria:
1 . Areas that are already urban in character.
Finding: The subject property is surrounded on all sides by undeveloped forested hillsides
and sparely populated rural residential land uses. This area is not considered urban
in character, and has not previously been identified for annexation. The property is
within the City's Planning Area.
2. Areas that can be developed at urban densities.
Finding: The subject property cannot be developed at urban densities at this time. The roads
accessing the property are narrow two-lane unimproved roads and water and sewer
are not in the immediate vicinity. Unless significant improvements occur, the .
property will likely remain in a relatively undisturbed or low density state for some
time.
3. Immediate areas are those that are peninsulas or islands, where municipal services have
already been extended.
Finding: There are not existing water and sewer lines available to the subject development.
The closest water main is approximately 1,000 feet to the south and the closest
sanitary sewer main is approximately 1,600 feet to the north. The city's police and
fire departmen ts do not currently service surrounding developments. However, the
southeast corner of this project is adjacent to the SouthPass annexation of over 900
acres that extends over Kessler Mountain and all the way west to Cato Springs
Road and the I-540 corridor. As part of the SouthPass project a new police and fire
station and water and sewer line improvements would be provided. With these
improvements impacts to municipal services from this annexation would be
negligible. The police department commented that this annexation would not have
adverse impacts on provision of police service. Water and sewer service would need
to be extended to this property at the time of development.
4. Vacant lands that are subject to development pressure.
Finding: The southeast corner of the property is adjacent to the SouthPass project. The
SouthPass project proposes a new urban center for the City of Fayetteville and
approximately 4,320 residential units and 344,000 square feet of non-residential
space. The SouthPass project may place the subject property under development
pressure, though much of the property contains similar environmental constraints
to development.
5 . Areas where urban services are already provided,
Finding: Surrounding properties are largely undeveloped and are not provided with city
K.IReports120081PC ReporuV4 -July 28UXX08-2899 (FrankSharp).do
services.
6. Areas where urban services are needed.
Finding: Urban services are unavailable to the subject property and surrounding areas.
Urban services will be needed to serve the SouthPass development adjacent to the
southeast.
12.3.5 ANNEXATION GUIDING POLICIES
BOUNDARIES
12.3.5.a Annex existing islands and peninsulas and do not annex areas that would create
an island or peninsula.
Finding: Annexation of the subject property in combination with the SouthPass annexation
to the southeast will create an island of unincorporated property to the north, if
both are approved. Although the creation of islands are not typically recommended .
because of efficiency of public services, the SouthPass and Frank Sharp annexations
are desired to create a more contiguous southern boundary for the City, and to
provide a City boundary that extends from Cato Springs Road all the way to
Holland Drive, and north to State Highway 62 (61h Street). Further, the island
created is sparsely populated and not easily accessed at this time; calls for service
are likely very low. Additionally, the SouthPass annexation has been anticipated for
a number of years and is identified in the City's Future Land Use Plan as an
anticipated growth area.
12.3.5.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 north.'
12.3 .5 .c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: The subject property is not apart of a platted subdivision.
12.3.5.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels and right-of-way.
12.3.5.e The provisions of services should be concurrent with development.
Finding: Public services will be required to be provided concurrent with development in
accordance with Fayetteville Unified Development Code requirements.
Currently public services are not available.
ENVIRONMENTALLY SENSITIVE AREAS
K:Weporfs12008WC RepomU4 - July 2814NX 08-2899 (FranUharp).d"
i
12.3 .5. f Annex environmentally sensitive areas that could be impacted by development
and utilize appropriate development regulations to protect those areas.
Finding: This area has been identified on the Future Land Use Plan as both Rural and
Natural Areas. This site is also within the Hillside Hilltop Overlay District (RHOD).
This area is an environmentally sensitive area with a number of natural resources
including natural landforms, densely forested areas, a number of informal hiking
and mountain biking trails and wildlife. There are several properties in the area
south of State Highway 62 in these local mountains that have been placed within
conservation easements, including a 20-acre property to the north owned by the
applicant, Frank Sharp. The subject property may be able to provide a link
between the many of trails to the south accessed from State Highway 62 and the
SouthPass project. The proposed zoning for the subject property is low-density
residential (RSF-1) which would allow for preservation of the sensitive areas on this
property, consistent with this policy. Development regulations within the City are
more suited to protect the environmentally sensitive areas than those in the County.
EMERGENCY AND PUBLIC SERVICES
12.3 .5 .g Public services must be able to be provided efficiently in newly annexed areas.
Finding: Water and sewer service is not readily available in the area as water is
approximately 1,000 feet away and sewer service is approximately 1,600 feet away.
The Fire Department commented that with a new Fire Station in the SouthPass
development adequate service would be provided. The current response time is 7
minutes to the property. The Police Department commented that this annexation
will not result in adverse impacts to provision of police service.
12.3.5.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service will be required to be provided to this area with the same
level of response and service as other properties in this area, if annexed in the City
of Fayetteville. This property is adjacent to areas already being served by the city
adjacent to the north off of Smokehouse Trail.
12.3.5.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
123.5 .j Areas currently served by utilities and other public services should be annexed.
Finding: Water and sewer services are not currently provided to adjacent properties. Land
to the north is located within the City limits and once developed, will require city
K:Weports@00MC Reports V 4 -July 28UNX 08-2899 (FrankSharp).doc
services. The SouthPass development is adjacent to the southeast corner of this
property and will require provision of services at the time of development.
12.3.5.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: Annexation and development of this property will result in an increased demand on
the existing infrastructure systems. Improvements to sewer and street systems
would be made necessary by the annexation should development occur on the
subject property.
12.3.5.1 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
12.3.5.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
12.3.5.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
12.3.5.o Develop a land use plan for annexation initiated by the city.
Finding: N/A
12.3.5.p Designate zoning districts for the property during the annexation process.
Finding: The applicants have requested that the property be rezoned to RSF-1 if the
annexation request is approved.
12.3.5.q 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. Comments from each department have been
provided herein.
12.3.5.r Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed.
K:IReports120081PC ReporuII4 - July 28L4NX 08-2899 (Fran/Sharp).doc
12.3.5.s Residents should be fully informed of annexation activities
Finding: Adjoining neighbors have been notified of the annexation request and a public
notice sign has been placed on the property. 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.
12.3.5.t Encourage larger annexations to create acceptable boundaries.
Finding: While the annexation request is for a small tract of land, it is adjacent to the
proposed SouthPass annexation of over 900 acres the annexation of the property.
The subject property combined with the SouthPass annexation create a more
desirable city boundary than if either property were annexed separately. The
subject property creates a link between SouthPass and Holland Drive to the west
and State Highway 62 to the south.
12.3.5.0 Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 53.23 acres orthe
annexation of SouthPass at over 900 acres.
Fayetteville Fire
Department
ANX 08-2899:
(FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S
OF HWY 62W. The property is in the Planning Area and contains approximately 53.53 acres.
The request is to annex thy subject properties into the City of Fayetteville.
(FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S
OF HWY. 62W. The property is in the Planning Area and contains approximately 53.53 acres.
The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT
PER ACRE.
his property will be covered by Engine 6 located at 900 S Hollywood.
It is approximately 3.5 miles from the station with an anticipated response time of 7 minutes.
The Fire Department anticipates 9 (6 EMS -3 Fire/other) calls for service once the development is
completed and maximum build out has occurred. The Fayetteville Fire Department feels that
along with the South Pass Development that joins this property that this will affect our response
times along with our calls for service in this part of the city. The developers of Southpass have
expressed interest in helping us locate a suitable location for a fire department within their
development.
ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR
DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the
Planning Area and contains approximately 825.00 acres. The request is to annex the subject
properties into the City of Fayetteville
R-PZD 08-2898: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by
APPIAN CENTER FOR DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W
AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL
and contains approximately 910.36acres. The request is for review of a Zoning and Land Use
approval only request for a Residential Planned Zoning District.
This property will be covered by Engine 6 located at 900 S Hollywood.
It is approximately 2.2 miles from the station with an anticipated response time of 5 minutes to
the start of this development and approximately 7 minutes to the northern most property line
once the roads are put in place and build out has occurred.
Based on the 3666 total units within this development, the Fire Department anticipates 608 (387
EMS -221 Fire/other) calls for service once the development is completed and maximum build out
has occurred.
The Fayetteville Fire Department feels that this development will affect our response times along
with our calls for service in this part of the city. The number of residents in this development
alone with put us in one of our trigger points for expansion. The developers have expressed
interest in helping us locate a suitable location for a fire department within their development.
If you have any questions concerning these comments please don't hesitate to call me
.a Ripyins Captain, Fayetteville Fire Department
Date 1/30/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to4he request for a determination of whether the proposed
ANX 08-2899: Frank Sharp, 631/632?): Submitted by Appian Center for Design: for
property located S. of HWY 62 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. The property contains approximately 53.53
acres.
It is the opinion of the Fayetteville Police Department that this ANX will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. This ANX will not create an
appreciable increase in traffic danger and congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
PLANNING
LANDSCAPE ARCHITECTURE
URBAN DESIGN
ENGINEERING
APPIAN CENTRE FOR DESIGN
January 16, 2008
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
Re: Zone Change Application
Frank Sharp/Sharpridge Trust Property
Fayetteville, Arkansas
To Whom It May Concern:
Please consider the attached request for zone change of the approximately 53.3 acres of property owned by
Frank Sharp/Sharpridge Trust from rural residentiallagricultural in Washington County to RSF- 1. The
property is currently pending annexation into the corporate limits of the City of Fayetteville. This
application is for 5 individually recorded parcels, all of which are under the ownership of Frank and Sara
Sharp, the Frank Sharp Trust, and Frank Sharp as the trustee of the Sharpridge Trust- There are currently
no proposed or pending sales of the property in question. This zone change is being requested concurrently
with a request for annexation into the City of Fayetteville, and is necessary to establish zoning on the
property within the City of Fayetteville. If approved RSF-1, the property will be similar to the adjoining
properties in that it will continue to be used as low -density, rural property. The adjoining land uses include
rural residential/agricultural in Washington County and properties zoned R -A within the City of
Fayetteville. As a low -density rural property, the impact on surrounding properties with respect to traffic,
land use, appearance, and signage will be negligible, and the subject property will remain harmonious with
the surrounding land uses. Water and sewer is not currently available to the property, except that such
service is provided to an adjacent property within the City of Fayetteville corporate limits also owned by
Mr. Sharp. No development is being contemplated at this time that would require service from the City of
Fayetteville or other utility providers. This request is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans due to the fact that the proposed zoning will be
consistent with the surrounding land use and will not result in a use that will adversely affect or exist
inharmoniously with surrounding properties. For these reasons, this request is also justified at this time.
As stated earlier, this proposal will negligibly affect traffic danger and congestion associated with adjacent
and nearby infrastructure. Since this request is for a very low density zoning on the property, population
density and undesirable impacts on public services including schools and utility infrastructure will also be
negligible. Finally, the property in question is only suited to residential use; the terrain, soil types, and
timber cover render the property unsuitable for agriculture. The property lacks the required infrastructure
needed for any type of commercial or industrial enterprise, and should, therefore, be considered under a
residential zoning classification.
Respectfully ubmitted,
v
Au i owser, P
esign Team Leader
Appian Center for Design
479.442-1440
Engineering Division comme,-s'- Matt Casey
ANX 08-2899: (FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIG
property located S OF HWY 62W. The property is in the Planning Area and contains approximately
53.53 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew
Gamer
RZN 08-2900: (FRANK SHARP, 631/632?): Submitted by APPIAN
property located S OF HWY. 62W. The property is in the Planning Area and contains approximately
53.53 acres. The request is to rezone the subject property to RSF-I, RESIDENTIAL SINGLE FAMILY,
I UNIT PER ACRE. Planner: Andrew Garner
Public water is not available to this site. The nearest water is a 6" water main at Wolfdale Rd. which is
about 1,000 feet to the south of this property. The capacity of the existing main may need to be studied at
the time of development
Sanitary sewer is not available to the site. The nearest sewer is a 6" sewer main at Holland Dr. and
Holsten which is about 1,600 feet to the north of this property. Improvements to the sewer system may be
required dependent upon the demand placed by the development. The capacity of the existing main may
need to be studied at the time of development
The site has access to Holland Drive and Wolfdale Road. Both are currently un-improved two lane roads.
Street improvements will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the development- This
property is not affected by the 100 -year floodplain.
ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR
DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the
Planning Area and contains approximately 825.00 acres. The request is to annex the subject properties
into the City of Fayetteville. Planner: Andrew Gamer
R-PZD 08-2898: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by
APPIAN CENTER FOR DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W
ANDNW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL
and contains approximately 910.36acres. The request is for review of a Zoning and Land Use approval
only request for a Residential Planned Zoning District. Planner: Andrew Garner
Public water is located adjacent to the site. There is an 8" water main along Cato Springs Road. There
are also water storage tanks located on this site that are fed by a 30" transmission main. The capacity of
the existing system will need to be studied at the time of development
Sanitary sewer is not available to the site. Off -site improvements will be required to bring sewer to this
site. Improvements to the existing sewer system may be required dependent upon the demand placed by
the development. The capacity of the existing main may need to be studied at the time of development.
The site has access to Cato Springs Road. Cato Springs Road is currently an improved two lane paved
state highway. Street improvements will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the development. This
property is not affected by the 100 -year floodplain.
ANX082899 FRANK SHARP
Future Land Use
SUBJECT PROPERTY
c;
tae,
Oe>'nneeak
•
G.vt Irt cgwy?enAs3rti5DevE:"Yr[�; - ..
Overview Legend
Subject Property
Boundary
;---- - ANX08-2899
"'tee Planning Area
P000q
Streets 0 oVCliay District
'N.i Existing Outside City
p
Planned Legend
r-
- 0 200 400 800 1.200 1,600
Feet
ANX08-2899
One Mile View
Overview
a
._
FRANK SHARP
RA' RMFKv`J
FIJI Pf�.r C-0- fl-').
dai, �b5Fs RSFJ\
-� ar Sri
9: V
SUBJECT PROPERTY
9
s
Legend Boundary
Subject Property "Ns Planning Area
® ANX0B-2899 N000.o
0 o Overlay District
000000
Outside City
Legend
O Hillside -Hilltop O erlay District
0 0.25 0.5 1
M les
From: Clarice Pearman
To: Pate, Jeremy
Date: 8.25.08 1:07 PM
Subject: Ords. 5167, 5169, 5170, 5171
Attachments: 5170 ANX 08-2899 Frank Sharp.pdf; 5169 VAC 08-3042 UofA Research Center.pdf
; 5167 R-PZD 08-2980 Markham Hill Cottage Courts.pdf; 5171 RZN 08-2900 Fran
k Sharp.pdf
CC: Audit; GIS
Jeremy:
Attached are the ordinances passed by City Council, August 19, 2008. Please let me know if there is anything else needed
for these item. Have a good day.
Thanks.
Clarice
_.....-✓L
- :.. `�
:u..::�.-:..�.'...:.C::_ N_
'<.. r-:.. '.f"
.
a .:-.:v.
_..:..ne ...�.._...
_ �-
..: ........ w......_2!'.
Washington County
State of Arkansas
Washington County Courthouse
280 North College Ave, Suite 300
Fayetteville, AR 72701
Telephone: (479)-444-1711
Fax: (479)-444-1894
FAX TRANSMISSION
To: Fayetteville Planning Date: March 5, 2008
Comm
Cindy Monreal
Fax #: 575-8202 Pages: 8, including cover sheet
From: Shirley Brown
Subject . Amended Petition for new Annexation to the City of Fayetteville
County Court Case #2007-38
Petitioner: Southpass Development Company, LLC
I need a response back on this as soon as possible.
I d d9L96L9189'°N/20:91 18/80:SL 800Z 9 M (03M) woad
I
IN THE COUNTY COURT OF WASHNGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF ANNEXATION �o
OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, b s tm
WASHINGTON COUNTY, ARKASAS } -e
Case No. 2007-38 gj Q e
AMENDED PETITION TO ANNEX ILBIU 'ORY TO
THE CITY AYETT V
WS INGTON COUNTY. ARKANSAS
The undersigned Petitioners hereby petition this Court to annex certain real
property into the City of Fayetteville, Washington County, Arkansas, pursuant to Ark.
Code. Ann, Section 14 -4O -6O1 et seq., and in support thereof states:
I. Petitioner seeks annexation with respect to the real estate described on
Exhibit A and as reflected on map attached as Exhibit B.
2. The real estate to be annexed is located in Washington County, Arkansas, and
is contiguous with the City of Fayetteville, Arkansas.
3. Petitioner desires that the real property become part of the City of
Fayetteville, Arkansas, and petitions the County Judge for annexation of the
real property into the City of Fayetteville, Arkansas.
4. Petitioner owns the majority of the land to be annexed. The total land to be
annexed is approximately 9O9 acres, of which Petitioner owns approximately
831 acres.
5. Notice of this Petition and hearing will be or has been made as required by
law.
Dated this 5th day of March, 2008.
SouthPass Development Company, LLC
3 d 39196L9119 °N/s0:51 ls/so:5i 8003 9 8vw(a3M) woa3
•� �... .:moult J.." I_._____ -.t_;_._ -__-..v 1. .. �._.<N:u.' .:n v vvarf -. w. .6«'�«..• ♦ , . .:.��..' .:... vv. v
BY: I
Vicki Bronson, Ark. Bar #97058
Conner & Winters
211 E. Dickson St.
Fayetteville, AR 72701
(479) 582-5711
(479) 587-1426 facsimile
Attorney for Petitioner
VERIFICATION
STATE OF ARKANSAS )
)Ss.
COUNTY OF WASHINGTON )
I, Richard Alexander, on behalf of SouthPass Development Company, LLC,
hereby certify that I have read the above and foregoing Amended Petition To Annex
Lands to the City of Fayetteville and the facts stated.ih.. .. are. true, and correct to the
best of my knowledge and belief.
1icliar Alexander
Subscribed and sworn to before me this 5day of March, 0}8.,
ublic
My Commission Expires:
O*kfel Sei
PS
WASHINGJNCOIJ-
'Lfl_tt.TV
My Commtseforl Expires 9-11-2012
C d 39L96L9189'°N/90:91'1S/60:91 9003 9 NNW(03M)
woad
FROM (WED)MAR 5 2008 15:09/ST.15:05/No,6816796752 P 8
Legal Description of Annexation Area.
A tract of land to be annexed into the City of Fayetteville, Arkansas and generally falling
within Sections 30 and 31 of Township 16 North, Range 30 West, and Sections 25 and 36
of Township 16 North, Range 31 West of the fifth principal meridian, Washington
County, Arkansas. The abovementioned tract being more particularly described as
follows;
BEGINNING at the Northwest Corner of the fractional Northwest Quarter (NW 1 /4) of
the Southwest Quarter (SW 1/4) of the aforesaid Section 30;
Thence coincident with the Northern line of said Northwest Quarter (NW 1(4) of the
Southwest Quarter (SW 114) of Section 30, South 87°15'10" East for a distance of
1834.34 feet to the Northwest Comer of the Northeast Quarter (NE1/4) of the Southwest
Quarter (SW 1/4) of the aforesaid Section 30;
Thence coincident with the Northern line of the Northeast Quarter (NEI/4) of the
Southwest Quarter (SW 1/4) of Section 30, South 87°15'10" East for a distance of
1315.53 feet to the Northeast Corner of the Northeast Quarter (NE! '4) of the Southwest
'Quarter (SW 1/4) of the aforesaid Section 30;
Thence coincident with the Northern line of the Northeast Quarter (NW 1/4) of the
Southeast Quarter (SE1 /4) of Section 30, South 87°.i 5'10" East for a distance of 1315.53
feet to the Northwest Corner of the Northeast Quarter (NEI/4) of the Southeast Quarter
(SE1/4) of the aforesaid Section 30;
Thence coincident with the Northern line of the Northeast Quarter (NE1 /4) of the
Southeast Quarter (SE1/4) of Section 30, South 87°1510" East for a distance of 1315.53
teeto the Northeast Corner of the Northeast Quarter (NEI /4) of the Southeast Quarter
(SEl/4) of the aforesaid Section 30;
Thence leaving said Northern Line, coincident with the Eastern line of the Northeast
Quarter (NEl/4) of the Southeast Quarter (Slit/4) of Section 30, South 02°33'03" West
for a distance of 1320.46 feet to the Northeast Corner of the Southeast Quarter (SE1/4) of
the Southeast Quarter (SEI/4) of the aforesaid Section 30;
Thence coincident with the Eastern line of the Southeast Quarter (SE 1/4) of the Southeast
Quarter (SEI/4) of Section 30, South 02°33'03" West for a distance of 1320.46 feet to the
Southeast Corner of the Southeast Quarter (5E114) of the Southeast Quarter (SEI/4) of
the aforesaid Section 30;
Thence leaving said Eastern Line, coincident with the Southern line of Southeast Quarter
(SEI/4) of the Southeast Quarter (SE1/4) of Section 30, North 87°14'32" West for a
distance of 1322.98 feet to the Southwest Corner of the Southeast Quarter (SE1/4) of the
Southeast Quarter (SE1/4) of the aforesaid Section 30;
Thence leaving said Southern Line, coincident with the Eastern line of Northwest Quarter
(NW I/4) of the Northeast Quarter (NEl/4) of Section 31, South 03°10'31" West for a
distance of 1314.09 feet to the Southeast Comer of the Northwest Quarter (NW 1/4) of the
Northeast Quarter (NEI/4) of the aforesaid Section 31;
Thence coincident with the Eastern line of the Southwest Quarter (SW I/4) of the
Northeast Quarter (NEI/4) of Section 31; South 03°10'31" West for a distance of 1314.09
feet to the Southeast Comer of the Southwest Quarter (SW 1/4) of the Northeast Quarter
(NEI/4) of the aforesaid Section 31;
6 d Z5L9619189'aN/50:91 '1S/60 9l 8002 9 8MW(03M) W08d
n • _ _ .i:+Yu.n. a lv ..�..... n ♦ .. .. n..
thence South 02°56'56" West fora distance of 39.83 feet to a point on the Northern
Right -of -Way line for South Cato Springs Road as existing;
thence coincident with said Right -of -Way line, South 47°24'43" West for a distance of
246.67 feet to a point;
Thence leaving said Right -of =Way line, North 87°30'29" West for a distance of
120.91 feet to a point;
Thence' South 33°00'07" West for a distance of 99.00 feet to a point;
'Thence North 51°59'53" West for a distance of 528.00 feet to a point on the Southern line
of the Southwest Quarter (SW I/4) of the Northeast Quarter (NEI /4) of the aforesaid
Section 31;
Thence coincident with said Southern line of the Southwest Quarter (SW 1/4) of the
Northeast Quarter (NE1/4) of Section 31, North 86°59'53" West for a distance of 542.91
feet to the Southwest Corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter
(NEI/4) of the aforesaid Section 31;
Thence coincident with the Southern line of the Southeast Quarter (Set/4) of the
Northwest Quarter (NW 114) of said Section 31, North 87°09'20" West for a distance of
423.69 feet to a point;
Thence leaving said Southern line, North 02°36'50" East for a distance of 650.79 feet to a
point.;
Thence North 87°10'03" West for a distance of 1671.80 feet to a point;
Thence South 02°37'3 1" West for a distance of 650.44 feet to a point on the Southern line
of the fractional Southwest Quarter (SWIM) of the Northwest Quarter (NW1/4) 1 /4) of the
aforesaid Section 31;
Thence coincident with the Southern line of the fractional Southwest Quarter (SW 1/4) of
the Northwest Quarter (NW 1/4) of Section 31, North 87°09'20" West for a distance of
963.77 feet to the Southwest Comer of the fractional Southwest Quarter (SW I/4) of the
Northwest Quarter (NW1/4) of the aforesaid Section 31. Said comer being also the
Southeast comer of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of
Section 36 and designating the dividing line between Ranges 30 and 31 West;
Thence coincident with the Southern line of the Southeast Quarter (SE1 /4) of the
Northeast Quarter (NEl/4) of Section 36, North 87°03'18" West for a distance of 962.79
feet to a point;
Thence North 03°06'30" East for a distance of 249.93 feet to a point;
Thence North 86°5302" West for a distance of 350-00 feet to a point on the Western Linc
• of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1 /4) of said Section 36;
Thence coincident with the Western line of the Southeast Quarter (SE1/4) of the Northeast
Quarter (NE1/4) of Section 36, North 010472611 East for a distance of 1060.68 feet to the
Southeast Comer of the Northwest Quarter (NWI/4) I/4) of the Northeast Quarter (NE 1 /4) of the
aforesaid Section 36;
Thence North 87°16'27" West fora distance of 1343.38 feet to a point;
Thence North 04°02'35" Fast for a distance of 72.47 feet to a point;
Thence North 11°19'49" East for a distance of 40.24 feet to a point;
Thence along the arc of a curve to the left for a distance of 90.32 feet to a point. Said
curve having a radius of 101.22 feet with a chord which bears North 24°09'50" West for a
distance of 87.35 feet to said point;
Thence North 48°44' 10" West fora distance of 34.21 feet to a point;
S d Z9L96L9189'°N/ 90: 91 1S/60:91 8002 9 av (03M)
woad
Thence along the arc of a curve to the left for a distance of 160.88 feet to a point. Said
curve having a radius of 215.87 feet with a chord which bears North 67°02'42" West for a
distance of 157.18 feet to said point;
Thence North 89°17'23" West for a distance of 123.09 feet to a point;
Thence North 87°11'38" West fora distance of 161,28 feet to a point;
Thence North 01°5734" East for a distance of 1055.60 feet to a point;
Thence South 87°3 1'37" East for a distance of 1230.87 feet to a point;
Thence North 17°08'05" East for a distance of 157.76 feet to a point;
Thence North 23°29'30" East for a distance of 127.51 feet to a point;
Thence North 02°25'44" East for a distance of 131.20 feet to a point;
Thence North 30°29'11" West for a distance of 198.42 feet to a point;
Thence North 16°15'45" West for a distance of 180.52 feet to a point;
Thence North 03°00'58" East for a distance of 113.62 feet to a point;
licence North I4°13'54" East for a distance of 202.18 feet to a point;
Thence North 24°5102" West for a distance of 100.73 feet to a point;
Thence North 08°41'17" East for a distance of 110.59 feet to a point;
ThenceNorth 67°53'42" East for a distance of 173.71 feet to a point;
Thence North 87°18'22" West for a distance of 147.50 feet to a point;
Thence North 01°28'04" East for a distance of 659.86 feet to a point;
Thence South 87°13'07" East for a distance of 660.25 feet to a point;
Thence North 01 °27'39" East for a distance of 675.06 feet to the Northwest Corner of the
Northeast quarter (NE1 /4) of the Southeast Quarter (SEI/4) of Section 25;
Thence coincident with the Northern line of the Northeast quarter (NE1/4) of the
Southeast Quarter (SE1/4) of said Section 25, South 87°09'38" East for a distance of
1314.52 feet to the Northeast Corner of the Northeast quarter (NEi/4) of the Southeast
Quarter (SE1/4) of Section 25;
Thenoc'South 02°25'51" West for a distance of 36.60 feet to the POINT of
BEGINNING and containing 831.00 acres more or less_
AND
A part of the Southeast Quarter (SE)4) of the Northwest Quarter (NWY.) and a part of the Southwest Quarter
(SW t4) of the Northeast Quarter (NE%) 01 Section 25, Township 16 North, Range 31 West, being more
particularly described as follows: Commencing at a point North 02°22'54' East 997.92 feet from the Southwest
corner of the SEY. of the NWVi of said Section 25; thence South 87°49'29" East 1328.22 feet; thence North
02°10'31' East 313.33 feet to the North line of the Southwest Quarter of the Northeast Quarter of said 25-16-31:
thence South 88°1362" East 1317.99 feet; thence South 02°3653" West 1332,74 feet to the South line of said 40
acre tract; thence North 87°45'45" Wool 1307,74 feet; thence North 01°3846" East 399.05 feet; thence North
04°3644" East 86.77 feet; thence North e8°05'55" West 895.11 feet; thence North 19°1&17• West 13.40 feel;
thence North 36°16'19West 300.00 feet; thence North 26"56'19" West 170.00 feet: thence North 15"5619' West
29.30 feet, thence South 42000'30' West 148.95 feet; thence South 6433'07" West 36.61 feet; thence North
0201317" East 179.28 feel; thence North 86°4223" West 22.38; thence North 02°22'54" East 55.00 feet to the
point of beginning, containing 53.53 acres, more or less,
9 d 39L96L9189'0N/90:91'1S/60:91 8003 9 8VW(03M) WW08j
....� a... r W �._._...__ . .. ..
AND
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A
PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP
16 NORTH, RANGE 30 WEST; WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO•WIT; BEGINNING AT THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31 AND RUNNING
THENCE N8709'20'W 785.52TO A FOUND IRON PIN, THENCE N02°37'31 °E 660.44' TO A FOUND
IRON PIN, THENCE S87°10'034E 787.44' TO A SET IRON PIN, THENCE S87610'03E 884.36' TO A
FOUND IRON PIN, THENCE S02°38'50"W 650.79' TO A FOUND PIPE, THENCE N87°09'20W 886.41' TO
THE POINT OF BEGINNING. CONTAINING IN ALL 24.97 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
L d 39L96L9189'°N/90:91'IS/60:91 8003 9 8Vw(G3M)
W08d
From: Clarice Pearman
To: Pate, Jeremy
Date: 8.26.08 3:50 PM
Subject: Ord. 5170
Attachments: 5170 ANX 08-2899 Frank Sharp-corrected.pdf
CC: GIS; Monreal, Cindy
Jeremy:
Attached is a copy of the revised Ord. 5170 with correct case number. I have refiled the annexation with the Washington
County Clerk's office. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
i7 C' . C (2r/C
w�
ORDINANCE NO. 5170
CCU t7 1 CS LANCE ANNEXING rrcurnc.r i
D ED IN ANNEXATION POITION ANX 08-2899
(CC2008-38 FOR PROPERTY LO TED 0.5 MILE SOUTH
O HIGHWAY 62 WEST AND E OF HOLLAND DRIVE,
CONTAINING APPROXIMATEL //53.53 ACRES.
BE IT ORDAINED BY THE 4ITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, as shown in Exhil2it "A" and depicted in Exhibit "B" attached hereto and
made a part hereof. 7
Section 2: That the official m,4p of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in See fion 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
PASSED and A
APPROVED:
By:
DAN COODY, Mayor
property is hereby assigned to Ward No. Four.
this 19`s day of August, 2008. . G�I tR.._,�
:c^
ATTEST: . FAYETTEVILLE:
to"
C11nfM w ?s°;RKANA
By: o, GTON�o``
'uuuuu``
SONDRA E. SMITH, City Clerk/Treasurer
WRTHWEST ARKANSAS EDITION
Northwest Arkansas Tir
3enton County Daily Rei
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville Ordinance 5170
August 25, 2008
Publication Charge
Subscribed and sworn t before me
This24 day of G�:c , 2008.
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO. 5170
AN ORDINANCE CC28ANNEXING THAI LOCPROATED
TY
0.5 ��
DESCRIBED IN ANNEXATION PETITION ANX 08-�
289E SOUTH1OF HI HWOR PROPERTYY62WAND EAS OF7av
L CONTAINING
APPROXIMATELY
HOLLAND DRIVE, CONTAINING APPROXIMATELY
53.53 ACRES: n ARKANSAS
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, •
as shown In Exhibit'AR and depicted in Exhibit -B- attached hereto and made a part hereof.
` Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby emended to reflect
1 the change pro.1ded in Section 1 above.
l
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to -
assign the zoning designation of fl -A; Residential Agricultural to the subject property. , d -
Section 4: That the above -described property is hereby assigned to Ward No. Four. PASSED and APPROVED this 19th day of August, 2008, I
APPROVED: ATTEST.. -•
j4 AN COODYCity CIark/IYMeauwr
,Mayor SONDRA E. SMITH, '
D - •
^
Exhibit A Is map and may be viewed in the office of the City Cter%7Treasurer during normal buss
nesShoura.�-y. :Sit l "�iL wl .i 4.1 . :V ' Y -S
EXHIBIT'S' w
ANX 06-2899 0h -- . r�
SHARPANNEXATION LEGAL- PART OFSOUTHPASS ' _�
A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) AND A I
PART OF THE SOUTHWEST QUARTER (SW114) OF THE NORTHEAST QUARTER (NEI;4) OF SEC-
TION 25. TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING MORE PARTICULARLY DESCRIBED AS .^
FOLLOWS: COMMENCING AT A POINT NORTH 02°22'54' EAST 997.92 FEET FROM THE SOUT.
WEST CORNER OF THE 5E114 OF THE NW1/4 OF SAID SECTION 25; THENCE SOUTH 87°4929'
EAST 1328.22 FEET; THENCE NORTH 02°10'31EAST 313.33 FEET TO THE NORTH LINE OF THE ,
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25-16-31; THENCE SOUTH '..
88°1352' EAST 1317.99 FEET; THENCE SOUTH 02°3653' WEST 1332.74 FEET TO THE SOUTH
LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87°45'45' WEST 1307.74 FEET; THENCE NORTH
01°38'46' EAST 399.05 FEET; THENCE NORTH 04°36'44' EAST 86.77 FEET; THENCE -NORTH
8800555' WEST 895,11 FEET THENCE NORTH 19°16'17' WEST 13.40 FEET THENCE NORTH • -
36°16'19' WEST 300.00 FEET THENCE NORTH 26°5619' WEST 170.00 FEET; THENCE NORTH ' -
15°5E19' WEST 29.30 FEET; THENCE SOUTH 42°00'30' WEST 148.95 FEET; THENCE SOUTH ` _
64033'07' WEST 36.61 FEET THENCE NORTH 02°13'1T EAST_17928 FEET; -THENCE NORTH '
85°42'23' WEST 22.36; THENCE NORTH 0202254' EAST 55.00 FEET TO THE POINT OF BEGIN-
NING, CONTAINING 53.53 ACRES, MORE OR LESS. _,; - • -
KAREN COMBS PRITCHARD
COUNTY AND PROBATE CLERK
September 4, 2008
Kit Williams
Fayetteville City Attorney
113 W. Mountain
Fayetteville, AR 72701
Dear Kit:
WASHINGTON COUNTY
STATE OF ARKANSAS
Washington County Courthouse
280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
Fax: (479) 444-1894
Re: Fayetteville Annexation
County Court 2007-38
On March 10`h, 2008 the County Judge entered an Order of Annexation to the City of
Fayetteville on two parcels of land. We received Ordinance No. 5170 annexating only
one of the acreages. It would be very helpful if the City Council would go ahead and
pass an ordinance at the next meeting accepting all of the land that was set out in the
County's order. As we discussed, our office can do nothing to finalize the annexation
until we receive an ordinance from the city on the identical property that was in the Court
Order.
Thanks and if you need any further information please don't hesitate to give me a call.
Sincerely;
Karen Combs Pritchard
Washington County Clerk
(11, td( 6t1&
RECEIVED State of Arkansas
of State
CITY OF FAYETTEVILLE:
CITY CLERKS OFFICE
Charlie Daniels
Secretary of State
December 16, 2008
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Ave., 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: August 19, 2008 County: Washington City- Fayetteville
Annexation: Ordinance No. — 5170
County Order No - 08-2899
Plat - XX
Election -
Island -
Incorporation: Ordinance No. -
Co. Order No. -
Plat -
Election -
Census Information: The following City or Town has been upgraded or reduced to:
1st Class City -
2nd Class City -
Incorporated Town -
I have forwarded this information to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department and the Arkansas State Data Center. If you have any
further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451.
Sincerely,
')
(Jf Y ice" Nancy tt
Election Services Representative
Arkansas Secretary of State
Room 256 State Capitol • Little Rock, Arkansas 72201-1094
501-682-1010 • Fax 501.682.3510
e-mail: arsos@sos.arkansas.gov • www.sos,arkansas.gov