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Home My WebLink AboutORDINANCE 6110FILED 2011 DEC 13 AM i i /. X Jf�cA f�nq�_jy .. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6110 File Number: 2018-0608 Illllll I I II I II 11 II IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIllll1111IIII Doc ID: 018331560004 Type: REL Kind: ORDINANCE Recorded: 12/04/2018 at 11:03:52 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2018'00035810 ANX 17-5990 (NORTH OF RUPPLE RD.IMCFARLAND FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHEREAS, the McFarland Family Trust has properly secured the Washington County Judge's authorization to annex their 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road; and WHEREAS, the McFarland Family Trust through Swope Engineering has offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction; and WHEREAS, the McFarland Family Trust has further offered to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the offer of the McFarland Family Trust for its donation and dedication of Rupple Road right of way, conservation easements and trail right of way and construction and confirms the annexation to the City of Fayetteville, Arkansas of about 68.65 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed Page 1 Printed on 11/9/18 Ordinance: 6110 Fide Number: 2018-0608 property R-A, Residential Agricultural. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby arnends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby assigns this 68.65 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 11/8/2418 Page 2 Attest: ��ti�►trrrrrr� Sondra E. Smith, City Clerk Treasure` FAYETTEVILLE; oo �P Printed on 1119118 ANXI7-5999 MCFARLAND FAMILY TRUST 17-5990 dose up view EXHIBIT 'A' '------------.--- W 0 a iu Subject Property .410 Luk a a ■ ;. R5F-4 R$F-8 P-1 4 , I 1 � NORTH Legend E ' Planning Area Fayetteville City Limits Feet Trail (Proposed) 0 145 290 580 870 1,160 Building Footprint 1 inch = 400 feet Residential -Agricultural R5F-4 RSF-8 P-1 17-599B EXHIBIT 'B' SURVEY DESCRIPTION FOR ANNEXATION:A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARFtANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TD-WIT: COMMENCING AT A FOUN❑ f RON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87°08'20"W 860.17 FEET TO A SET PIK NAIL, SAID POINT BEING THE TRUE. POINT OF BEGINNING AND RUNNING THENCE S42°43'44"W 702.02 FEET TO A SET IRON PIN, THENCE S87°08'20"E 301.90 FEET TO A SET IRON PIN, THENCE S02°39'43"W 25.00 FEET TO A SET IRON PIN, THENCE S87°06'20"E 359.09 FEET TO A SET IRON PIN, "THENCE $0203943"W 1904.10 FEET TO A SET IRON PIN, THENCE N87°25'05"W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAIO SECTION, THENCE NO2°48'50"E 2428.66 FEET TO A FOUND IRON PIN, THENCE S87°05'15" E 104.59 FEET TO A FOUND IRON PIN, THENCE NO2°47'S4"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE S87°O8'20"E 554.78 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County; AR 1 certify this instrument was filed on 12/04/2018 M03:52 AM and recorded in Real Estate File Number 2018-00035810 Kyle Sylyes er - Circuit Clerk by �a City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 1" Text File File Number: 2018-0608 Agenda Date: 11/8/2018 Version: 1 Status: Passed In Control: City Council Meeting Agenda Number: D. 9 File Type: Ordinance ANX 17-5990 (NORTH OF RUPPLE RD.IMCFARLAND FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHEREAS, the McFarland Family Trust has properly secured the Washington County Judge's authorization to annex their 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road; and WHEREAS, the McFarland Family Trust through Swope Engineering has offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction; and WHEREAS, the McFarland Family Trust has further offered to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the offer of the McFarland Family Trust for its donation and dedication of Rupple Road right of way, conservation easements and trail right of way and construction and confirms the annexation to the City of Fayetteville, Arkansas of about 68.65 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4. That the City Council of the City of FayettevilIe, Arkansas hereby assigns this 68.65 acres to Ward Four of the City of Fayetteville. Cify of Fayetteville, Arkansas Page 1 Printed an 11/9/2018 City of Fayetteville Staff Review Form 2018-0608 Legistar fide ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/23/2018 Submitted By Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department ANX 17-5990: Annexation (NORTH Of N. RUPPLE R D./MCFARLAN D FAMILY TRUST, 244): Submitted by SWOPE ENGINEERING, INC. for properties located NORTH OF N. RUPPLE RD. The properties are in the FAY ETTEVILLE PLANNING AREA and contain approximately 68.65 acres. The request is to be annexed into the City Limits of Fayetteville. Budget Impact: Account Number Project Number Fund Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 SWGPE ENGINEERING Civii Engineering 3511 5E J Street, Suite 9 Bentonville, AR 72712 479-685-8399 December 11, 2017 Sondra Smith, City Clerk City of Fayetteville 113 W Mountain Street #302 Fayetteville, AR 72701 479.575.8323 Re: Annexation/Rezone Appeal Request North Weir Road Dear Ms. Smith, Please accept this letter for the referenced appeal. The requested annexationlrezone of the Weir Road property is a follow-up to the denial recommendation from Planning Commission on November 27, 2017. We present the following items in support of the appeal. 1. Financial Benefit to Ci - The city will financially benefit from the annexation and rezone, due to its ultimate development, in the following ways. a) Property Tax Revenue- This increased property values, once within the city limits, will improve collection of property taxes that flow into the city. b) Donation of Right -of -Way- At Final Plat, the city will take possession of lands needed for extension of Rupple Road. 2. Additional Benefits- The city will realize the following additional benefits once this property is annexed, rezoned and developed. a) Completion of the Mayor's Box- This annexation furthers the growth plan, supported by the mayor, that promotes "squaring" of the city's boundaries to reduce islands and peninsulas. This helps to make all portions of the City contiguous. b) Better Emergency Response Times- Due to additional streets that will/must be built with this development (east -west collector to Rupple Road), the response time will be greatly reduced for this area of town_ c] Conservation Area Preservation- The development will require areas that preserve the natural habitat that currently exists. dj Construction of Trails- The development will construct/extend trails to expand the city's network to this part of town. Please accept this request to appeal, so that we may present our case to the City Council. Thank you for your consideration on this appeal request. if you have any questions, or concerns, please let me know. Regards, Phil R Swope, PE President ®CITY (3F FAYETTEVILLE V4V ARKANSAS MEETING OF NOVEMBER 8, 2018 TO: Mayor and City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: October 23, 2018 CITY COUNCIL MEMO SUBJECT: ANX 17-5990: Annexation (NORTH OF N. RUPPLE RD.IMCFARLAND FAMILY TRUST, 244): Submitted by SWOPE ENGINEERING, INC. for properties located NORTH OF N. RUPPLE RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 68.65 acres. The request is to be annexed into the City Limits of Fayetteville. RECOMMENDATION: The City Planning staff recommend approval of a request to annex the property described and shown in the attached Exhibits `A' and `B', subject to a cost -share agreement with the developer, Buffington Wier, LLC, as follows: 1. Sufficient right-of-way shall be dedicated by the developer upon annexation as designated by the City Engineer to construct and use for the planned extension of Rupple Road; 2. The developer shall either construct the full boulevard section of Rupple Road through the parcel, with payment of its proportionate share (6.59%) for engineering and construction up to 150% of the estimated $1,638,131.00 cost, or pay its proportionate share should the City of Fayetteville construct the portion of Rupple Road first; 3. Upon approval of development proposal, park land easements and trail rights -of -way shall be donated and dedicated, which can be claimed as credits for park land dedication if conveyed fee simple; 4. Upon final plat approval, conservation and tree easements will be dedicated or donated; and 5. The 4.24 acre parcel proposed for rezoning to NS-G, Neighborhood Services, General, shall not permit residential development or uses on the ground floor. Residential uses are permitted on the second floor. The Planning Commission has denied the proposal and the applicant has appealed the decision to City Council. BACKGROUND: The subject property constitutes approximately 69 acres bordered on the north and west by unincorporated Washington County land and Fayetteville corporate city limits on the east and south. The property is developed with two single-family homes, one of which was built in 1916 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 and the other in 1985. The property has access to both City water and sanitary sewer. Currently, the zoning designation on the property is Washington County Ag/SF Res 1 unit/ac, which allows for agricultural and single-family uses on lots of no less than one acre. Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be developed. An order of annexation was signed by the Washington County Judge on October 13tt', 2017 Land Use Plan Analysis: The City Plan 2030 Future Land Use Plan designates this property as Rural Residential Area. These areas are primarily large lot residential and agricultural in nature. If developed, land use should follow a conservation or cluster pattern to preserve surrounding rural areas. In addition to the Future Land Use Plan, City Plan 2030 sets forth several guiding policies to consider an annexation proposal. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. Staff finds that many of these policies are adhered to, including that the proposed annexation will generally reduce an existing `peninsula' of land that is adjacent to incorporated Fayetteville on two sides, and that water, sewer, and street stub -outs are in -place at multiple points on its boundary. Although staff previously recommended denial of the proposal, based largely on the Fayetteville Fire Department's comment that serving this property will exceed their acceptable response time, the applicant's request has since been revised to incorporate right-of-way dedication to connect North Rupple Road in this area. Staff recommends that this connection be constructed no later than the time of development; this has been a typical requirement of developments along Rupple Road, where the Clabber Creek Phases I-V, Salem Heights, and Salem Meadows subdivisions among others built or contributed to the cost of street construction. Once constructed, this portion of Rupple Road will both marginally improve Fire Department response times and accommodate development of an arterial ring road encircling Fayetteville. This "Mayor's Box" is a policy priority of the current administration. That said, staff remains concerned that any annexation on the periphery of the City, if developed in a low -density, suburban, residential manner, will ultimately pose financial challenges for the maintenance of public infrastructure in a fiscally sustainable manner. DISCUSSION: On November 27, 2017, the Planning Commission denied the applicant's request to annex the property in to the City of Fayetteville by a vote of 8-1-0. Commissioner Noble voted 'no'. The applicant has appealed the Planning Commission's decision to the City Council along with a request to rezone the same property, which was also denied by the Planning Commission. On January 15, 2018, The City Council tabled the request indefinitely at the request of the applicant. At the meeting two members of the public spoke, expressing concern about potential traffic and a desire to keep the City Plan 2030 goals in mind during any future negotiation. BUDGET/STAFF IMPACT: NIA Attachments: • Exhibit A ■ Exhibit B • Fire Department Response Time Memo ■ Environmental Action Committee Letter • Planning Commission Staff Report ANX17-5990 MCFARLAN D FAMILY TRUST 1 '1-5990 EXHIBIT 'A' Close Up view 1 ' --------------- rz a a ' w IL Subject Property RSF-8 fo to L1E,RLYLN s�.�� .►■ I ' I s ' I I I A � ' R5F-4 1 I 1 I I I ' ' I NORTH Legend Residential -Agricultural Planning Area RSF-4 Fayetteville City Limits Feed RSF-8 • • •Trail {Proposed} 0 145 290 580 870 1,160 P-1 Building Footprint 1 inch = 400 feel 17-5990 EXHIBIT "Bo SURVEY DESCRIPTION FOR ANNEXATION:A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87008'20"W 660.17 FEET TO A SET PIK NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE 802°43'44"W 702.02 FEET TO A SET IRON PIN, THENCE 587008'20"E 301.90 FEETTO A SET IRON PIN, THENCE S02°39'43"W 25.00 FEET TO A SET IRON PIN, THENCE S87008'20"E 359.09 FEET TO A SET IRON PIN, THENCE S02°39'43"W 1904.10 FEET TO A SET IRON PIN, THENCE N87-25-05"W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2°48'50"E 2428.65 FEET TO A FOUND IRON PIN, THENCE S87-05-15"E 104.59 FEET TO A FOUND IRON PIN, THENCE NO2°47'54"E 209.99 FEET TO A FOUND COTTON SPINDLE, THENCE S87°08'20"E 554.78 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 68.66 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AN RIGHTS -OF -WAY OF RECORD. Vim CITY OF FAYETTEVILLE ARKANSAS TO: Jonathan Curth, Planner FROM: Battalion Chief B. Sloat, Fire Marshal DATE: September 11, 2018 SUBJECT: 17-5991 RZN North of N. Rupple Rd. (McFarland Family Trust) This site is located near the intersection of W. Weir Rd and N. Rupple Rd. Currently primary emergency response is provided by the Wheeler Volunteer Fire Department. The Fayetteville Fire Department only responds to this site when requested for mutual aide. This site would be protected by Ladder 7, located at 835 N. Rupple Rd. Currently, the property is located approximately 3.2 miles from Fire Station 7 with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9 minutes. If Rupple Road were to be extended to Weir Rd, the same location of the property would be approximately 2.7 miles from Fire Station 7. The anticipated drive time would be approximately 6 minutes. The anticipated response time would be approximately 8 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1 minute for turn -out time. The Fayetteville Fire Department does not have a response time goal for responses to mutual - aid areas outside the Fayetteville City limits. Within the City limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 To the Fayetteville City Council: After review of public comment and assessment of city planning regarding the proposed ANX 17-5990: Annexation (NORTH OF N. RUPPLE RD./MCFARLAND FAMILY TRUST, 244) by the City of Fayetteville, the Environmental Action Committee (EAC) makes the following observations and recommendations concerning future votes on this issue: The FAC supports city staff and the planning commission in their recommendation denying the applicant's request for the annexation of this property and the concurrent request of rezoning a majority of the property to RSF-4. With already present flood issues in Ward 4, the discovery of hydric soil across this property --though primarily concentrated In the Southwest —increases the risk of future damaging floods to existing property should development remove the soil. Further, the concerns of response time by the Fayetteville Fire Department are echoed by the EAC. Should a fire occur in an area outside six -minute response time goal the likelihood of unnecessary destruction of our urban forests increases, compounding what will be already mitigated replanting of native trees. The EAC is cognizant of the growing need for affordable housing and highly respects a property owner's right to buy/sell land as he/she chooses, and are eager to advise on future proposals for this tract of land. Should a new fire station which decreases response time or other zoning designations that incorporate more conservation to allow the preservation of the hydric soil come to the fore, the EAC will gladly advise as to the most environmentally conscious action to align with city goals and directives. Writing on behalf of the Environmental Action Committee, Andrew Miles, Vice -Chair December 28"', 2017 P49F CITY OF FAYETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner November 27, 2017(Updated with Planning Commission Results) SUBJECT: ANX 17-5990: Annexation (NORTH OF N. RUPPLE RD.IMCFARLAN❑ FAMILY TRUST, 244): Submitted by SWOPE ENGINEERING, INC. for properties located NORTH OF N. RUPPLE RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 68.65 acres. The request is to be annexed into the City Limits of Fayetteville. RECOMMENDATION: Staff recommends denial of ANX 17-5990 based on the findings included within this report. BACKGROUND: The subject property constitutes approximately 69 acres bordered on the north and west by unincorporated Washington County land and Fayetteville corporate city limits on the east and south. The property is developed with two single-family homes, one of which was built in 1916 and the other in 1985. The property has access to both City water and sanitary sewer. Surrounding land use and zoning is provided on Table ?. Table I Surrounding Land Use and Zoning Direction Land Use Zoning North Large Lot Single-family Residential & A ricultural A/SF Res 1 unit/ac South Single-family Residential RSF4. Residential Single-family, 4 Units perAcre Ag/SF Res 1 unitlac Large Lot Single-family Residential; R-A, Residential Agricultural East Single-family Residential RSF-8, Residential Single-family, 8 Units per Acre RSFA, Residential Single-family, 4 Units perAcre West Large Lot Single-family Residential & Agricultural A/SF Res 1 unittac Request. The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be developed. An order of annexation was signed by the Washington County Judge on October 1311, 2017. Public Comment: Staff has received comment from adjacent landowners expressing concerns that the subject property will be developed similarly to the residential subdivisions to the south and east, and that this type of development will adversely impact the existing infrastructure and area's character. PlanniRg ssion Mailing Address: Np ember 2n71 ,2017 113 W. Mountain Street www.fayettevilYeAj�Affltern 5 Fayetteville, AR 72701 17-5990 McFarland Page 1 of 20 INFRASTRUCTURE: Streets: The subject property has access to Weir Road to the north, and multiple street stub -outs on the eastern and southern property lines: Whistle Post Drive to the southwest, Rupple Road to the southeast, and Grouse Road and Country Meadows Street to the east. Weir Road is not classified in the City's Master Street Plan and exists today as an unimproved 2-lane street with open ditches and not sidewalk or gutter. The street stub out to Rupple Road in the southeast is intended to extend northwards along the subject property's eastern boundary as a part of the proposed Rupple Road Principal Arterial Parkway. The property is also bisected east -to -west by the planned Lieriy Lane Collector Street. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. There are several adjacent subdivisions, with the aforementioned street stub -outs providing access to 8" water mains. To the north, a 4" diameter public water main is available along Weir Road. Sewer: Public sanitary sewer is not available to the subject property. Given that the property is outside of Fayetteville's corporate city limits, special City Council approval is required prior to any extension. There are however, several sewer stub -outs to the south and east in association with the aforementioned street stub -outs. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. Although no portion of the subject property lies within the FEMA designated 100-year floodplain and no protected streams are present, hydric soils are present on a large portion of the property, focused in the southwest. A wetland determination may be required at the time of development. Fire: This property will be protected by Ladder 7 located at 835 N. Rupple Road. With a distance of 3.2 miles from Fire Station #7, the Fire Department anticipates a response time of seven minutes, which is beyond the six -minute response time goal. This will negatively impact response time averages for this area. Police: To date, the Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the subject property as Rural Residential Area. These areas are primarily large lot residential and agricultural in nature. If developed, land use should follow a conservation or cluster pattern to preserve surrounding rural areas. Planning Commission November 27, 2017 G:IETCLOevelopmeni Services Review1201710evelopment Review\17-5990 ANX Agenda Item 5 North of N Rupple Rd. (McFarland Family Trust) 244103 Planning CommissioMl 1-27-2017 17-5990 McFarland Page 2 of 20 FINDINGS OF THE STAFF CITY PLAN 2030 (Res. 116-11) 12.3.5 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula Finding: Following the annexation in 2006 of property subsequently developed as the Lierly Lane subdivision, the subject property and other unincorporated areas near it became a peninsula of Washington County land bordered by Fayetteville's corporate limits. While incorporation of the subject property will annex a portion of this peninsula, the situation may also be aggravated as many of the remaining, adjacent unincorporated properties will be bordered an three sides by the City of Fayetteville where they were previously bordered on one or two sides. The proposed new city limit boundaries could cause confusion for service providers and residents because of the atypical configuration. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in northwest Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing two single-family residences on approximately 68.65 acres and is not within a subdivision or established neighborhood. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of the subject property. To the east and south, the annexation boundaries align with existing single-family development. The propose extension of Rupple Road, a Principal Arterial, is planned to extend northwards along the subject property's eastern boundary. 12.3.5.e The provision of services should be concurrent with development. Finding: The property is adjacent to City services and is currently connected to Fayetteville water. Connection to sewer service would be the responsibility of the property owner. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Planning Commission November 27. 2017 G ftE TClDeve lopment 5enrices RevieM20171Development RevieM17-5990 AN Agenda Item 5 North of N. Rupple Rd. (McFarland Family Trust) 244103 Ptanning Comm ission111-27-2017 17-5990 McFarland Page 3 of 20 Finding: The property is largely undeveloped except for two single-family homes and some accessory structures. While portions of the property have significant mature tree growth, the majority is clear and appears to be used for agricultural purposes. Furthermore, no portion of the property is designated as floodplain, Hillside -Hilltop Overlay District, Streamside Protection Zone, or Enduring Green Network. Although not currently determined, hydric soils on the property may indicate wetlands. As noted previously, a wetlands determination may be required at the time of development. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department response time to this location is seven minutes from the current closest station (835 N. Rupple Rd.) The Fire Department response time goal is six minutes or less. Provision of fire and emergency response may not be provided efficiently. Police: To date, the Fayetteville Police Department has not expressed any concerns with this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: At an estimated seven minutes, Fire Department service to this property is beyond the upper limit of acceptable response time of six minutes, possibly leading to a negative impact on response time averages for this area. The subject property would receive the same services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick-up, and zoning protection as nearby property within the City. 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 12.3.5.j Areas currently served by utilities and other public services should be annexed, Finding: Fire and police protection are currently provided to the south and east of the subject property, but not to this address. The residence is currently connected to City water, but not City sanitary sewer. There are public water and sanitary sewer main stub -outs at several points along the property's perimeter. Planning Commission November 27, 2017 G:\ETC\Development Services RevievA2 01 70evelo pment Review117-5990 ANX Agenda Item 5 North of N. Rupple Rd. (McFarland Family Trust) 244103 Planning Commission111-27-2017 17-5990 McFarland Page 4 of 20 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: Engineering: Utilities located at street stub -outs are adequate for connection and extension, and do not need to be upgraded because of this annexation. The existing water main in Weir Road may need to be improved if utilized as the only source for a prospective development. Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. If developed under the zoning requirements of the RSF-4, Residential Single-family, 4 Units per Acre, zoning district, as requested concurrently with this rezoning, there will be a marked increase in both density and traffic. Planning staff does not anticipate that increased traffic will pose a traffic danger. 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: Not applicable; 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: Not applicable; the extent of the proposed rezoning is not within or adjacent to the planning areas of other municipalities in Washington County. The property is about 213rds of a mile from the Tontitown Planning Area and approximately one mile from the Tontitown corporate limits. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: Not applicable; The subject property and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the property is included within the City's Future Land Use Plan and the future extension of Rupple Road extends along the property's eastern boundary. 12.3.5.p designate zoning districts for the property during the annexation process. Planning Commission November 27. 2017 G:1ETC1Oevelopment Services Revie A20170evelopment Reviem17-5990 ANX Agenda Item 5 North of N Rupple Rd. (McFarland Family Trust) 244103 Planning Commission111-27-2017 17-5990 McFarland Page 5 of 20 Finding: Annexations are automatically zoned R-A, Residential Agricultural. However, the applicant has submitted a concurrent request to rezone the subject property to RSF-4. On one hand, the RSF-4 zoning district could lead to development that is compatible with the suburban, single-family zoning districts and development to the south and east. On the other hand, this portion of the City is designated by the Future Land Use Map as Rural Residential Area, which encourages large lot residential and agricultural uses or residential subdivisions developed in a cluster or conservation pattern. 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. 12.3.5.s Residents should be fully informed of annexation activities. Finding: Adjoining neighbors have been notified of the annexation request. A legal advertisement has been submitted with the 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: Staff finds that this request is of a moderate size, totaling approximately 70 acres. The request would somewhat reduce a peninsula of unincorporated area, but it would also exacerbate the remoteness of other areas of the peninsula not proposed for annexation. If the Council desires to annex the area, staff would recommend additional area be incorporated to "square -off" the city limits to create a more logical boundary. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the proposed rezoning, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land on the fringe of the City and developing it in a suburban, residential manner can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. RECOMMENDATION: Staff recommends denial of ANX 17-5990 based on the findings discussed throughout this report. Planning Commission November 27, 2017 G:IETCOevelopment Services RevleM24171t]evelopment RevieM17-5990 ANX Agenda Item 5 North of N Rupple Rd. (McFarland Family Trust) 244103 Planning Commission111-27-2017 17-5990 McFarland Page 6 of 20 PLANNING COMMISSION ACTION: Required YES Date: November 27. 2017 0 Tabled O Forwarded Motion: Hoffman Second: Quinlan Vote: 8-1-0, Noble voted 'no'. CITY COUNCIL ACTION: Required YES Date: Tentatively December 19, 2017 _ O Approved BUDGETISTAFF IMPACT: None Attachments: • City Plan 2030, Section 12.3: Annexation • Request fetter • Order of Annexation • City Services Exhibit • Fire Department Comments • One Mile Map ■ Close -Up Map • Current Land Use Map • Future Land Use Map G:IETC►Development Services Review120170evelopmenl Review117-5990 ANx North of N Rupple Rd. 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C. c O_ DS ro Q1 O1 Q y �E O MEM:6 :3 w E ro N❑� a y❑ a 10 of +.-+ C LLA nn � : (U M 'D C ro y M, o ❑ v; auMa� tn L ro �. � ra ❑❑ w � C� 01 0 an " ro a, �, aJ te] �± +' y v 007 re C C Y�❑ ❑ E Ln❑ y L N C to N (a > E W M y o zs C)�' F5 v n L 7+ ❑ � � �+ 7 C _le❑ C O E CCC c w ♦L �r _ 0 , U IV L� -❑ W 0, MC 4- C +Tt C 0 tA N _— 0C Z" C C_on C ttj ❑ .0 y a7 a7 C QJ a) L, i L �.�~d�� fa .0 L :3 L L 02 U � L + :3 (D ■ • • • • on a--� • 7 rz Mo 0 Ezs0c v , aeon - a u 2017 Item 5 Page 9 of 20 •L t ❑ Cc: o u ra E v L❑ 10 r a , , Q ra ❑ o v`❑ 2 2 axi o. cm a = a) � Q a 2 f1 N Z a❑ ❑ a -0p J M C L L L uQ w v T L z r ❑ � C !1 0 3 ❑ `� r F— r- � ❑4-J `❑ c3 r 0% al 'a❑ ❑ Ln _M Ln W � u U_ L u C 3 u 0) u O �p fo un C: t� i C on a! a C � 4-O LA L � A O ❑ U W� N A�0 L1 1� 0 -° 3� Qs ° TC E m w �--: L 0 � <U a CA E o u v u Q C, C C w CA Ln sue' + r L as ern -0'C L CO 1❑ �, N❑ L Q W r 0 � c v +' C 0 _C u ❑ �, r aj (Ur0 C:� � (u•❑ A �r x 0"aW u+� Fa C: +�v u o av a)v-0 U D 7 u C on E > Q QJ C-0� �ra Q u�❑fdC U a,❑ a, -0ra v 0M4-�ov r_ ra w OJ D .0 �-+ ca 4,1 u v L o❑ 0 a o 'J � � �� v tn 0 N ay C C N ,, i fa -0 w 0 A C C on— X Q7 N iA i O 7n O u u ❑ in fd v d..+ i C fu H vN U a-� '� + � O C Q rt fa -0 OJ vs N i r N [� u C i� N ++ 3 E�� v� ❑ �� o +ar ra co 7 v O r ❑ fa u M C ❑ C L r C� w Q C �+ C C. 0 C 0 W a' on N of an fi r. � i C r r ra r7 r7 3 3 -0ai ._ �.-+ 4- � +-� 0 oU C L a, v❑ (a,, v ❑ L ❑ 3 v cis 4- ra °' !a rt E u -r- 4!= M o, o ,� U ❑ w� as a,a� E�aa v E • r i '+�— v 4.. �r r� v 0 ❑ o a_ a ra r F- Ln Ln C ar A `❑ C v 0 n� U o ;, r U L] rC G x a) fu o 4� V 0 C al C � ul -0 c c � C d C Ln ,o N fo - x w at C C 4 X v x 0 ai c � a+ Z 0 C '13 Ln Ln In r r Ln Ln M r7 r � r Pla nin mission Nover 7,2017 Item 17-594WFarIand Page 10 of 20 n CL A [a al N c r� LA ay v E v � v v > x v �+ C a_0i 3 .IJ ar u (a C (U � v _0 , ❑ v v L ra maw �_ al w- > a i CL v 7 0 O +a n '- tA ❑ (1) w " VI N co v i--i V] a a M N Q C U N a°= �u r Ley Vf v In_ VOi Oi d •u a w u V. Rai op D +ri Ln Ls,r r Ll.! N 0 n an C u v E n Q aU 0 VI E L v L �s v N ai v U � L ❑ 7 CL nv aj L C ❑ CL �+ ❑ (0 v E L 7 C v v x v C C rt v Lol 3 C .0 tM 7. ❑. y � v v L � }r V1 L a)CL yr 4� a L fu N ^ Ln rG al L Z v � VI o N v x C v rt v Ln a �v Y Ln N r L [� NL ❑ VI O C i+ 0 tn a o U_ (ULA , L L3. LA Ln rl r C UC N r C1 Cr L VI +. UC LC7 Lf 1 LY5 Ui M M M M my N N N N N r r r r r , 2017 Item 5 Page 11 of 20 ANx 17-5990 Request Letter SWOPE ENGINEERING Civil Engineering 3511 SE J Street, Suite 9 Bentonville, AR 72712 479-685-8399 October 17, 2017 City of Fayetteville Planning 125 W Mountain Street Fayetteville, AR 72741 479.685.8399 Re: Annexation/Rezone Request North Weir Road To whom it may concern, Please accept this letter for the referenced issue. The requested annexation is approximately 68.65 acres, located at the NW corner of Weir Road and Rupple Road. For the written statement required for annexation, see the following items. a. The property is contiguous to city property on the south and east sides, thereby creating no islands or peninsulas. b. As stated in item (a), this property is contiguous, and adjacent, to city limits. c. The referenced property is currently un-developed, and therefore this request does not split subdivisions or neighborhoods. d. All boundaries follow natural corridors, as Weir and Rupple Roads are along city Master Streets. e. Low -lands, which are a part of the overall parcel, are included as environmentally -sensitive areas. No specific portions of the property are being excluded. f. Public services will be easily able to serve this land, as it lies along two major street corridors. g. All areas of this parcel will be annexed, thereby including utilities and public services. h. No utility upgrades are required for the proposed development. For the written statement required for rezone, see the following items. a. The current ownership of this property is the Mcfariand Family Trust. b. The requested change to RSF-4 is requested because the property will be annexed as A-1, and our client proposes a subdivision in this location. c. The proposed rezoning will allow for additional traffic, however Weir and Rupple Roads will be upgraded (according to the Master Street Plan) to accommodate. The standard single-family subdivision, which is proposed, will have the appearance of other subdivisions like this throughout the city. The only signage proposed would be a standard entry sign, which is ground -mounted and very limited in height. Planning Commission November 27, 2017 Agenda Item 5 17-5990 McFarland Page 12 of 20 d. Water and sewer services are available nearby, and the required extensions will be made to serve the project, and to the extents of property frontage. e. This zoning is entirely consistent with the city's land use plan, and this area is best zoned for single-family residential, like all nearby developments. f. The rezoning is justified because of the high demand for this housing product on the market, and because of the availability of street and utility infrastructure that can be extended/upgraded from nearby. g. The proposed zoning will somewhat increase traffic, however the city's projections for both Weir and Ruppie Roads were sufficiently planned to accommodate single-family residential throughout this area. h. The increase in population density will be minimal, as single-family residential is the least -dense development type possible. No undesirable increase in load ❑n schools or utilities is anticipated. i. A-1, agricultural zoning, allows for farm -related activities. Therefore, this site is not practical far farming when single-family housing is in such demand. Thank you for your consideration on this annexation/rezone request. If you have any questions, or concerns, please let me know. Regards, Phil R Swope, PE President Planning Commission November 27, 2017 Agenda Item 5 17-5990 McFarland Page 13 of 20 ANX 17-5990 Order of Annexation IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKk? IN THE MATTER OF `• -'; Iv THE PETITION OF CERTAIN PQ PROPERTY TO FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS CC 2017-11 ORDER OF ANNEXATION NOW on this 13"' day of October, 2017, comes on for consideration 'before this Court the matter of annexation of certain lands from the unincorporated area of Washington County, Arkansas to the city of Fayetteville, Arkansas. Said land is described as follows: A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87"08'20"W 660.17 FEET TO A SET PIK NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02043'44"W 702.02 FEET TO A SET IRON PIN, THENCE S87008'20"E 301.90 FEET TO A SET IRON PIN, THENCE S02039'43"W 25.00 FEET TO A SET IRON PIN, THENCE S87°08'20"E 359.09 FEET TO A SET IRON PIN, THENCE S02039'43 "W 1904.10 FEET TO A SET IRON PIN, THENCE N87 "25'05 "W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2°48'50"E 2428.66 FEET TO A FOUND IRON PIN, THENCE S87005'15"E 104.59 FEET TO A FOUND IRON PIN, THENCE NO2°47'54"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE S87"08'20"E 554.78 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RJGHTS-OF-WAY OF RECORD. From the evidence presented by the Petitioners through their representative, Joseph Orr, the Court finds as follows: 1. The Petitioners have petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas. Said annexation is brought pursuant to A.C.A. § 14-40-609. Planning Commission November 27, 2017 Agenda Item 5 17-5990 McFarland Page 14 of 20 2. The petition was submitted in writing and attested by the property owners. 3. The petition contains an accurate description of the relevant property or properties. 4. The petitioners have provided a schedule of services that will be extended to the area within three (3) years after the date the annexation becomes final. 5. The County Assessor and County Clerk have verified the identity of the petitioners, that there are no property owners included in the petition that do not wish to have their property arinexed, that the property or properties are contiguous with the city, and that no enclaves will be created if the petition is accepted by the city. 6. The property which is legally described in the petition has been accurately described, an accurate map thereof has been made and filed, and the prayer of the petitioners is right and proper. 7. This court therefore determines that and Order of Annexation is proper and that the petition and this order shall be submitted to the city of Fayetteville, Arkansas. 1T 1S THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are annexed to and made a part of the City of Fayetteville, Washington County, Arkansas, subject to approval by the City Council for the City of Fayetteville, Arkansas. IT IS SO ORDERED. Prepared by: Brian R. Lester Washington County Attorney 284 North College Ave., Suite 500 Fayetteville, AR 72701 t1(479) 973-8415 V(479) 444-1889 b lester Qc o. w a shi n g ton. ar. u s Planning Commission November 27. 2017 Agenda Item 5 17.5990 McFarland Page 15 of 20 IWA CITY OF FAYETTEVILLE ARKANSAS TO: Jonathan Curth, Planner FROM: Battalion Chief B. 5loat, deputy Fire Marshal DATE: November 16, 2017 SUBJECT: 17-5990 ANX North of N. Rupple Rd. (McFarland Family Trust) This site is located near the intersection of W. Weir Rd and N. Rupple Rd. The site will be protected by Ladder 7, located at 835 N. Rupple Rd. The property is located approximately 3.2 miles from the fire station with an anticipated response time of approximately 7 minutes. The Fayetteville Fire department has a 6-minute response time goal for all development. At this time, the annexation of the property will not meet this 6-minute goal and therefore will negatively impact response time averages for this area. Mailing Address: Plan ing Commission 113 W. Mountain Street www.fayette�� W 21317 Fayetteville, AR 72701 Agenda Item 5 17-5990 McFarland Page 16 of 20 Agenda Item 5 17-5990 McFarland Page 17 of 20 Agenda Item 5 17-5990 McFarland Page 18 of 20 F1gei iaa rIefll :1 17.5900 McFarland Page 'lt1 of 20 ANX17-5990 MDFARLAND FAMILY TRUST Fature tared Use - - _�s-- _ K - _- - - - `°j;Y¢;`2Y.•t'` S�s?�i�t .sY.",�§'.`'•°5` •yv':7i`'' 'C�r:Zu%!:.�.9. .. M. •t. y 1 Apr `.I w Lwk w - a 0■ Subject Property 11 � + 4tO� I " LIE,RLY LN COUNTRY MEADOWS 5T z " , ,r " rn ' GROUSE RD � + r a ' r 0. a Q ' m ,A w r N , m Ilk j" : M " r r , ' TANYARD ❑R Legend FUTURE LAND USE 2030 Planning f2Area Feet LI[al nrca Residenhii Nei9fr6orhood Area Fayetteville City Limits Trail (Proposed) a 145 290 580 870 1,160 .;ivic and Privala 0Pen Spacc/Parks • •• - • Building Footprint 1 inch = 400 feet Planning Co mission T 2017 Agenda Item 5 17-5990 McFarland Page 20 of 20 RECEIVED DEC 112018 Off pf OIT ORTHWEST ARKANSAS DemocratW, (Wa�ette AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord 6110 Was inserted in the Regular Edition on: November 22, 2018 Publication Charges: $ 127.40 Cathy Wiles Subscribed and sworn to before me This $6-day of 11,-L , 2018. 4i4dxaOG�o6 oo� Notary Public My Commission Expires: 3-t(&-Zf **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6110 File Number: 2018.0609 ANX 17-3990 (NORTH OF RUPPLE RDJMCFARLAND FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 69.65 ACRES ADJ01NING AN WEST OF TIII- PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHLREAS, the McFaflnnd Fain dy Trust has properly see ared the Washington County 3ndgcs ItION Nation to annex their 68-65 arms wcsl of and along the planned RLipp lc Road expansion north unvard lioward Nickell Road: and WI-ILREAS, the McFariand Farmity Trust Ihrough Swope Engineering has offered to donate and dedicate sufficient rig] ll 0fway a[all g their fiornage with Ilse Ruppic Road expatrsioil to enable its construction, and WHEREAS, the McFarland Family Trust has further offered to designate a conservation area preservation 0f natttraI Itabilat along the creek and the construction or extension of city hails within its property, NOW, THEREFORE, BE a ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYE-i-TEViLLE, ARKANSAS, Section 1, That Ilse City Counci] of the City of Fayel levi I le, Arkansas hereby accepts the atTer of the McFarland Family Tcusl for its donation and dedication of Rupp]c Road right of way, conservation cnscrncnts and trail right of way and construction and confirms Ilie annexation to the City of Faycilevi I le, Arkansas of about 68.65 acres as described in Exhibit B and Ilse map shorn on Exhibit A both attached to the Planning Deparment's agenda mcmto. Section 2. That the Cily Counci] of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agrictrlltrral. 5ectiou 3 That the City Council oflhe Cily of Fayetteville, Arkansas hereby amends the official rnap and zoning Snap of the City of Fayetteville to recognize this annexation and zonin - Section 4 Tltat Ilse City Council ofihe City of Fayetteville, Arkansas hereby assigns this 68.65 acres to Ward Four of Ilse City of FayelteviIle PASSFD and APPROVED on t IM 2018 Apptovcd: Lionel Jordan, Mayor Attest: Sondra E Smilh, City Clerk Treasurer 74754322 Nov 22, 20i8 City of Fayetteville Staff Review Form 2019-0103 Legistar File ID N/A N/A for Non -Agenda Item Andrew Garner 2/7/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Arkansas code sections adopted in 2013 require the mayor to issue a notice regarding annexations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk. Please review and sign this notice and forward it to the City Clerk to be filed of record at the Washington County Clerk. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ - 0 V20180321 Previous Ordinance or Resolution # rj�l Approval Date: I A00' CITY OF FAYETTEVILLE r ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: February 7, 2019 SUBJECT: Notice and Report Pursuant to A.C.A. 14-40-2201 and 14-40-2202 ATTACHMENTS: Draft Notice/Report; A.C.A. 14-40-2201 and 14-40-2202 Annexation Ordinances 5817 and 6110 The subject code sections adopted in 2013 require the mayor to issue a notice regarding annexations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk's office. Please review and sign this notice and forward it to the City Clerk to be filed of record at the Washington County Clerk's office. 1111111111111111111i1i Iilli 11111111111111111111111111111111111111111111111111111 Doc ID: 018481370008 Type: REL Kind: ORDINANCE Recorded: 03/13/2019 at 10:05:44 AM Fee Amt: $50.00 Paqe 1 of 8 Washington County, AR Kyle Sylvester Circuit Clerk File20 1 g-0ppp6641 PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THE FOLLOWING NOTICE AND REPORT DESCRIBING ANY ANNEXATION ELECTIONS AND ANY OTHER ELECTIONS FINALIZED IN THE PREVIOUS EIGHT YEARS: Annexation Elections and Annexation Ordinances Within the Past Eight Years: There have been no annexations by election within the past eight years. Two ordinances calling annexations in the City of Fayetteville were filed of record in the past eight years as follows: Ordinance No. 5817. This annexation encompassed approximately 0.83 acres at South Ed Edwards Road and was approved by ordinance at a City Council meeting on Tuesday, October 20, 2015, Ordinance No. 6110. This annexation encompassed approximately 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road and was approved at a City Council meeting on Thursday, November 8, 2018. Schedule of Services to be Provided: The following scheduled services were to be provided to the inhabitants of the annexed portions of the City: ■ Trash service ■ Police protection ■ Fire protection (fire department, fire flows where available) • Fire Department as first responders ■ Sewer service if available — any extensions of public or private lines to serve these areas will be the responsibility of the property owner/developer • Curbside recycling and yard waste pick up ■ Zoning and development regulation protections The scheduled services as described above have been provided to the inhabitants of the annexed portions of the city. I¢ ATTEST: A ��itiirrrnr� �QV, u • '.� % FAYETTEVILLE:X= Ordinance 5817 Page 1 of 3 OF FAYFTT£ L 4Rk A q4•P`' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5817 File Number: 2015-0444 ANX 15-5181: (1620 S. ED EDWARDS RD.1SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 1S- 5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above -described property is hereby assigned to Ward No. One. t rR9s'�,� PASSED and APPROVED on 10/20/2015 ,��`��k�;:� ••biyO,o•Gam% : FAYETTEVILLE. •� Attest: 4Lioneldrd Z _V NSP • J''�� .'4'kA / ��IltlLittlt►�� ayor Sondra E. Smith, City Clerk Treasurer Page I Printed on IW2115 Ordinance 5817 15-5181 Page 2 of 3 EXHIBIT 'A' ANX15-5181 SALSB U RY Close Up View O ? O RSFA Q J � a• f Val y . OQ'• v 4 O Q" aW,,: w Q' - ., ANTLERS: CT, .- . Uj C? R-0 SUBJECT PROPERTY C' -'------_-3%re-r----------- ---- -------------_---- \l , 1 in X. Y egend= Shared -Use Paved Trail; R ........ Neighborhood/Park Trail Natural Surface Trail: bj2Qajw4.NX15-5181 Fayetteville City Limits - - - Footprints 2010 ® Hillside -Hilltop Overlay District Design Overlay Di 3trict ------ Planning Area 0 75 150 300 450 600 Feet Ordinance 5817 Page 3 of 3 15-5181 EXHIBIT 'B' That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a corner post of a fence, which is 240 feet East and 447 feet South of the Northwest comer of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city limit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. Ordinance 6110 Page 1 of 4 S f•rertf. a'±K ♦ rt 5 ,,S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6110 File Number: 2018-0608 ANX 17-5990 (NORTH OF RUPPLE RD./MCFARLAND FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHEREAS, the McFarland Family Trust has properly secured the Washington County Judge's authorization to annex their 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road; and WHEREAS, the McFarland Family Trust through Swope Engineering has offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction; and WHEREAS, the McFarland Family Trust has further offered to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the offer of the McFarland Family Trust for its donation and dedication of Rupple Road right of way, conservation easements and trail right of way and construction and confirms the annexation to the City of Fayetteville, Arkansas of about 68.65 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed Page 1 Printed on t 1AVIS Ordinance: 6110 Ordinance 6110 Page 2 of 4 File Number: 2018-0608 property R-A, Residential Agricultural. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby assigns this 68.65 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 11 /8/20 18 Attest: Lw 44- Sondra E. Smith, City Clerk Treasurer �. K:'1` TR f FAYET.fEVILUZ': — y 1,4� C'. lot i,Ili, Page 2 Printed on 1119118 Ordinance 6110 Page 3 of 4 ANX17-5990 MCFARLAND FAMILY TRUST 17-5990 Close up view EXHIBIT W tt 1 , 6 J 0 i Q • • -J W 1 y } I LU • I s t� rrrrrr.. xr♦t►t go Subject Property I 0•' RSF4 — t • t 1 I 1 t t , i 1 - c t P-1 t 1 i i • RSF-4 � 1 1 ? I j i 1 1 i NORTH Legend Q Residential -Agricultural 1 ' Planning Area RSF-4 Fayetteville City Limits Feet ` '' RSF-8 --' - Trail (Proposed) 0 145 290 580 870 1,160 �"?� P-1 Building Footprint 1 inch = 400 feet Ordinance 6110 Page 4 of 4 17-5990 EXHIBIT 'B' SURVEY DESCRIPTION FOR ANNEXATIONA PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO4 T. COMMENCING AT FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87°OWWW 860.17 FEET TO A SET PIK NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02°4Y44"W 702.02 FEET TO A SET IRON PIN, THENCE S67-W20"E 301.90 FEET TO A SET IRON PIN, THENCE S02"39'4TW 25.00 FEET TO A SET IRON PIN, THENCE S87°08'20"E 359.09 FEET TO A SET IRON PIN, THENCE 502039'43'W 1904.10 FEET TO A SET IRON PIN, THENCE N87°25'OS'W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2°48'50"E 2428.86 FEET TO A FOUND IRON PIN, THENCE S87006'15"E 104.59 FEET TO A FOUND IRON PIN, THENCE NO2°47'54°E 209.99 FEET TO A FOUND COTTON SPINDLE, THENCE 687"08'20"E 554.78 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR i certify this instrument was filed on 03/13/2019 10:05:44 AM and recorded in Real Estate File Number 2019-00006641 Kyle Sylvester -Circuit Clerk by Page 1 0 J'OAP""� LexisNexis� 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. *** Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** *** October 9, 2013. *** *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2201 (2013) 14-40-2201. Annexation and provision of scheduled services. (a) (1) Beginning March 1, 2014, and each successive year thereafter, the mayor or city manager of a city or incor- porated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice de- scribing any annexation elections that have become final in the previous eight (8) years. (2) The written notice shall include: (A) The schedule of services to be provided to the inhabitants of the annexed portion of the city; and (B) A statement as to whether the scheduled services have been provided to the inhabitants of the annexed portions of the city. (b) If the scheduled services have not been provided to the new inhabitants within three (3) years after the date the annexation becomes final, the written notice reporting the status of the extension of scheduled services shall include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with annexation elections if there are pending scheduled services that have not been provided in three (3) years as prescribed by law. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit, 14, Subtit. 3, Ch. 40 Note Page 1 -1,, L�W e i f 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. * * * Legislation is current through the 2013 Regular Session and updates *** received from the Arkansas Code Revision Commission through *** *** October 9, 2013. *** *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2202 (2013) 14-40-2202. Inhabitants of annexed area. (a) In all annexations under § 14-40-303 and in accordance with § 14-40-606, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY ]VOTES: Tit. 14, Subtit. 3, Ch. 40 Note Arkansas Secretary of State a:.:. John Thurston Arlcnnsas Secretary of State, 500 Wootllanc Ave, Little Rock, AR 72201-1094 '�►►iY.{\tom' 'r' Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 n� _ G CU13nty: Washington City/Town: Fayetteville 6110 November 8, 2018 City Ordinance/Resolution No: Date approved: CC 2017-11 October 13, 2017 0' County Court Case No: Date Order Filed: Type. Annexation of land in adjoining County A.C.A. 14-40-401 =� GJ Date Change Effective: December 10, 2038 Set by: ()Municipal Ordinance O Emergency Clause 06urt 0 Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: _ (Upheldo Overturned Other *tochexpiarration Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.C.A § 14-40-203) Initiating party: (DAII Landowners () Majority Landowners Municipal Governing Body ()State ()Other Supporting Documentation attached (check all that apply): �✓ File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required exceptforA.C.A. §14-40-501) �✓ Copy of Arkansas GIS approved printed map and certification letter (required) Proof of Publication for all Legal Notices (include Nearing, Election, and City Ordinance/Resolution notices) File marked copy of Petition Part (if applicable) F1 File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: Andrew Garner Street Address: 113 West Mountain City; Fayetteville Title: City Planning Director St: AR zip code: 72701 Complete one form per ordinance/resolution, attach it as a cover page to the supporting document set and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 655 of 2017 County Official: Signature: Date: Title: Pursuant to Act 655 of 2017, County Officials must submit o file -marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Woodlone Ave Suite 256, Little Rock, AR 72201-1094 Office of the Arkansas Secretary of State use only Received by: _ _ _ Rev.2/2019 RECEIVED APR 8 2019 JOHNTHURSTON CITY OF FAYETTEVILLE MAYOR'S OFFICE ARKANSAS SECRETARY OF STATE April 4, 2019 The Honorable Becky Lewallen Washington County Clerk 280 N. College, Suite 300 Fayetteville, AR 72701 Re: Fayetteville City Ordinance 6110 - Missing Information Dear Ms. Lewallen: This letter acknowledges receipt of the Fayetteville City Ordinance 6110 and it's supporting documentation by the Office of the Arkansas Secretary of State. However, our Office is unable to file the annexation at this time because a completed Municipal Boundary Change form was not included or completed incorrectly. This form is required for all municipal boundary changes pursuant to Ark. Code Ann. 414-40-103. A blank copy of the form is enclosed for your convenience. A fillable PDF is also available online at: ll�ttns:llv�rr w.sos.lrl�ansas.gt�r>lulala�atl;lcics tionsliylunicin� Chan c Chccl list Fiilable.pff. To complete this filing, please provide the completed Municipal Boundary Change form as soon as it becomes available. If you have any questions or concerns regarding this matter, please do not hesitate to contact me at (501) 682-3478. Thank you for your assistance in this matter. Sinc y, R� .. Elections i �.6inn Enclosure as stated cc: The Honorable Lioneld Jordan, Mayor of Fayetteville FILED 2611 DEC 13 File Number: 2018-0608 O� , •1 f � 7r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6110 IInIIIIII�IIIIIIIIINIIIMIiII III IIIIIIIIII�INI�III IIIIIII IIIIM Doc ID: 018531660004 Type: REL Kind: ORDINANCE Recorded: 12/04/2018 at 11:03:62 +M Fee Amt: $30.Do Pape i of 4 Washington County AR Kyle Sylvester Ci��rjjc��ujjitt� clerk QQ n�j Filet V 18-00035810 ANX 17-5990 (NORTH OF RUPPLE RD./MCFARLAND FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHEREAS, the McFarland Family Trust has properly secured the Washington County Judge's authorization to annex their 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road; and WHEREAS, the McFarland Family Trust through Swope Engineering has offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction; and WHEREAS, the McFarland Family Trust has f rher offered to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the offer of the McFarland Family Trust for its donation and dedication of Rupple Road right of way, conservation easements and trail right of way and construction and confirms the annexation to the City of Fayetteville, Arkansas of about 68.65 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed Page 1 Printed on 119118 Ordinance: 6110 File Number: 2018-0608 property R-A, Residential Agricultural. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby assigns this 68.65 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 11/8/2018 Attest: 'Lw". �.J Sondra E. Smith, City Clerk Treasure` L�%,%O,K 1 TRp;!�,4 -cr;FAYFrTEVILU Page 2 Pdntod on lIA116 17-5990 EXHIBIT 'B' SURVEY DESCRIPTICN FORANW-YATION A PART OF THE NORTHEAST QL ARTER OF THE NORTHEAST QUARTER AND A PART OF THE 50LITHPAST QUARTER OF THE NORTHEAST QUAKWR OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUN Pe, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOYM. TU-11111T: COMMENCING AT FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY AC Rr; TRACT AND THENCE NB7'OB`2G%V 860.17 FEET TO A SET PAC NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE $0204344,W 702.02 FEET To A SET IRON PIN, THENCE S87'08220" E 301.00 FEET TO A SET IRON PIN, THENCE 502°38'4YW 25.00 FEET TO A SET IRON PIN, THENCE S87°08'20"E 359.09 FEEiTO A SET IRON PIN, THENCE SOV3S'4r W 1804.110 FEET TO A SET IRON PIN, THENCE N67'26'O5"W 1326.48 FEET TO THE SOUTHYIEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE M2048'60"E 2428.68 FEET TO A FOUND IRON PIN. THENCE S87'05'1 WE 104.$8 FEET TO A FOUND IKON PIN, TH0 CE N07'47'54"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE LESS. 811H.lECT TO ALL EA6EMENTS AND RIGHTS -OF -WAY OF RECORD. 58.85 ACRES. MORE OR Washington County, AR I certify this instrument was flied on 12/04/2018 11:03:52 AM and recorded in Real Estate File Number 2018-00035810 Kyle Sylvesw - Circuit Clerk by!l( OFFICE OF THE CITY CLERK TREASURER Sondra E. Smith — City Clerk Treasurer Lisa Branson — Deputy City Clerk 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 CERTMCATE OF RECORD State of Arkansas ) )ss: City of Fayetteville ) Phone 47.9.575.8323 cityclerkCa ayettevilla-argon n �cyc� I, 5ondM K Smifb. 0& Clerk TrealsurerSmifh. City Clerk Treasurer for the City of Fayetteville, Arkansas, do hereby certify that the foregoing instrument is a true and. correct copy of the original Ordinance 6110 ANN 17-5990 arth RupWe RdJMcFarland Family Trust APPW filed in my office N vember S 201$. WITNESS nay hand and seal this 12th day of Devi tuber 2018. Sondra E. Smith, City Clerk Treasurer City of Fayetteville, Arkansas Telecommunicatlons Device for the Deaf TDDA Y (479) 521-1316 113 West Mountain -• Fayetteville, AR 72701 ANX 17-5990 Order of Annexation 17 �� IN THE COUNTY COURT OF WASHINGTON COUNTY, ARK AS IN THE MATTER OF THE PETITION OF CERTAIN tv PROPERTY TO FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS CC 2017-11 ORDER OF ANNEXATION NOW on this 13'b day of October, 2017, comes on for consideration before this Court the matter of annexation of certain lands from the unincorporated area of Washington County, Arkansas to the city of Fayetteville, Arkansas. Said land is described as follows: A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87"08'20"W 660.17 FEET TO A SET P/K NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S0204344"W 702.02 FEET TO A SET IRON PIN, THENCE S87008'20"E 301.90 FEET TO A SET IRON PIN, THENCE S02°39-43"W 25.00 FEET TO A SET IRON PIN, THENCE S87008-20"E 359.09 FEET TO A SET IRON PIN, THENCE S02039'43"W 1904.10 FEET TO A SET IRON PIN, THENCE N87"25-05"W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2°48'50"E 2428.66 FEET TO A FOUND IRON PIN, THENCE S87005'15"E 104.59 FEET TO A FOUND IRON PIN, THENCE NO2°47'54"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE S87"08'20"E 554.78 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. From the evidence presented by the Petitioners through their representative, Joseph Orr, the Court finds as follows: 1. The Petitioners have petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas. Said annexation is brought pursuant to A.C.A. § 14-40-609. Planning Commission November 27, 2017 Agenda Item 5 17-5990 McFarland Page 14 of 20 2. The petition was submitted in writing and attested by the property owners. 3. The petition contains an accurate description of the relevant property or properties. 4. The petitioners have provided a schedule of services that will be extended to the area within three (3) years after the date the annexation becomes final. 5. The County Assessor and County Clerk have verified the identity of the petitioners, that there are no property owners included in the petition that do not wish to have their property annexed, that the property or properties are contiguous with the city, and that no enclaves will be created if the petition is accepted by the city. G. The property which is legally described in the petition has been accurately described, an accurate map thereof has been made and filed, and the prayer of the petitioners is right and proper. 7. This court therefore determines that and Order of Annexation is proper and that the petition and this order shall be submitted to the city of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are annexed to and made a part of the City of Fayetteville, Washington County, Arkansas, subject to approval by the City Council for the City of Fayetteville, Arkansas. IT IS SO ORDERED. Pr••urhred by: Brian R. Lester Washington County Attorney 280 North College Ave., Suite 500 Fayetteville, AR 72701 t/(479) 973-8415 V(479) 444-1889 blester@co.wasliington.ar.us Planning Commission November 27. 2017 Agenda Item 5 17-5990 McFarland Page 16 of 20 ARKANSAS 4V GIS OFFICE July 20, 2017 Mr Joseph Orr — Representing Petitioner Juliana Salazar Blew & Associates, P.A. 524 W Sycamore St STE D Fayetteville AR 72703 RE: City of Fayetteville Annexation Coordination Requirement Mr. Orr, Thank you for coordinating with our office as you seek to annex property Into the City of Fayetteville, AR situated in the Northeast Quarter and Southeast Quarter of the Northeast Quarter of Section 31, Township 17 North Range 30 West. This letter represents confirmation that you have properly coordinated with our office (Arkansas GIS Office) as specified In § 14-40-101 (Act 914 of 2015) of the 901h General Assembly. Our office will wait completion of any additional steps necessary for the proposed boundary change, which normally comes from the Arkansas Secretary of State Elections Division after any appropriate filing by your County Clerk. Thank you, , =� t ; ( ---) � Shelby D Johnson, State Geographic Information Officer /sdj Attachments: GIS Office Map of Proposed Annexation Secretary of State Municipal Change Checklist H:\City_Annexations\Templates\Folder Structure\Doc\20170720_Feyetteville—Annexation_Coordlnation_Letter.docx ARKANSAS OIS OFFICE • 1 CAPITOL MALL SUITE 60 • LITTLE ROCK • ARKANSAS - 72201 PHONE (501) $824767 - www.gb.arkanaam.gov • FAX (501) 682-8077 C um �cc� a � M c� o� o •&� a u LL a2,o .�. m°GAY° ;— nBP�•� h E PIaU�BH N m d aw C NU a m U zLL -CIO sf ` Oinzy �Ar uuorrn �1IIPJOQV x i. ua{r alanu� S': 1 � r ti Z i17 ail Lu amedv g OMn W*10s — !1 '� 1. m to llw OOM •s apntwos x u c w � o F a;dr�rtitl fP 1� -r I fli4 id � � P GWIGA it 3 m f� 47 71Y1@J'�' �. ss+lase� rrtsug, n :so 9 nwpow ti eacupg "pd '7 M BLEW & AS SOCUTESs PA CIVIL ENGINEERS & LAND SURVEYORS July 20, 2017 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SUBJECT: Annexation Legal Description To Whom It May Concern: SURVEY DESCRIPTION FOR ANNEXATION:A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OFTHE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N87°08'20"W 660.17 FEET TO A SET P/K NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02°43'44"W 702.02 FEET TO A SET IRON PIN, THENCE S87°08'20"E 301.90 FEET TO A SET IRON PIN, THENCE S02°39'43"W 25.00 FEET TO A SET IRON PIN, THENCE S87°08'20"E 359.09 FEET TO A SET IRON PIN, THENCE S02°39'43"W 1904.10 FEET TO A SET IRON PIN, THENCE N87°25-05"W 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2°4815011E 2428.66 FEETTO A FOUND IRON PIN, THENCE S87°05'15"E 104.59 FEETTO A FOUND IRON PIN, THENCE NO2°47-54"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE S87°08'20"E 554.78 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 524 W. SYCAMORE ST, SUITE 4 • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 47 9- 4 4 3- 4 5 0 6 - FAX: 47 9- 5 8 2- 1 8 8 3 NORTHWEST .ARKANSAS DemocratVR®ra-zek AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Notice of Public Hearing Was inserted in the Regular Edition on: November 10, 2017 Publication Charges: $ 42.90 Z0,-- -L--} ---I- - Caler Subscribed and sworn to before me This 1-1 day of r V , 2017, Notary Public My Commission Expires: Z Z.1'krq �I CATIIY WILL: (' Arkansas - Benton Count,, Notary Public - Comm# 123671 lb My Commisslon Expires Fab 20, 202d1 **NOTE**',.: Please do not pay from Affidavit. Invoice will be sent. NOTICE OF PUBLIC HEARING At 530 p.m., in room 219, Fayetteville Adnanistrailon Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701 the following items will be heard at the Monday. November27, 2017 FnyetlevilIn Planning Commission meotiog. R24*4 17-3993: Rezone (NORTH OF 700a W. WEDINGTON DRJPRESLEY, 395): The req,uat is to rezone Iho properlies to C- 2, THOROUGHFARE COMMERCIAL. RZN 17-5991: Rezone (NORTH OF N RUPPLE RD.IMCFARLAND FAMILY TRUST, 244): The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. ANX 17-3990: Annexation (NORTH OF N. RUPPLE RD,IMCFARLAND FAMILY TRUST, 244): The request is to be annexed into the City Limits of Fayetteville. 74335826 Nov. 10, 2017 First Data - POS https:/Iglobalostowaye4.finWata,com/vpoc TRANSACTION RECORD NW ARK NEWSPAPERS LLC 212 N EAST AVE FAYETTEVILLE, AR 72702 United States WWW.IVWADO , CQM TYPE: Purchase ACCT: Visa $ 42.90 USD CARDHOLDER NAME City of Fayetteville CARD NUMBER ############2501 DATE/TIME : 07 Nov 17 08:11t17 REFERENCE # 001 0276856 M AUTHOR. # : 035492 TRANS. REF, C6014628 Approved - Thank You 100 Please retain this copy for your records. Cardholder will pay above amount to card issuer pursuant to cardholder agreement, �uCCS��J�J►7rrr'r�IrLiL aaaisrrrrrrrrr�rrR 1 of1 +iy"mnim o.A- ■% RECEIVED DEC 112018 oRTHWEST ARKANSAS Demoar-d-L Wr azetl e AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am, the Legal Clerk of the Northwest Arkansas Dernocrat-Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. - CITY OF FAYETTEVILLE Ord 6110 Was inserted in the Regular Edition on: November 22, 2018 Publication Charges: $ 127.40 4 << l Cathy Wiles Subscribed and sworn to before me This $f-day of D,,- , 2018. �y�tirttllll+riry,, 40 Notary Public My Commission Expires: 3-144; **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordi,ni,cc GIIO File Number. 2018.0608 ANX 17-5990 (NORTH OF RUPPLC RD/MCFARLAND FAMILY TRUST) APPEALi AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLC ROAD WHEREAS, Ilia McFarland Family Tilisl Ins ptoputty seemed the Wnshingion County Judge's nuthatizatimn to antes Ihcit 68 65 acres.resl or and along the planed Rupple Road expansion zd, tusvntd 1 lowatd Nickell Rand: and ERL•AS. ITtc McFnrland Famlly Trust thruugli Swupc Eltginect itlg has offacd I donr kc rend dodwoIr sufrteiatu right of way nlatg Ihcir fta loge wish Iltc Rupplo Rond am$ionsiou to enable its construction; and WHEREAS, the McFarland FalnllyTrust has lutthet offu red to deslgnate a coinarvaium area preservation of noltuaI hrlbi)nl clang dto crack and ilia uoasltuetIon or vilanslan of oily Ira Ha within itspreperly; NOW, TI•ICREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF FAYETTE•VILLE, ARKANSAS: Section I That the City Council ol'Ihc City of Fayetteville, Arkapsni Itcrcby accepts The offer of the Mcrailmtd Fniuity Taut for its donaliwt and dedication of Rupple Road right ol'way, conservalion coscmamts and trail right ofwoy and construction and confirms the annexation to I the City of Faycllcvillc, Arkansas of about 68 65 rites as described in Exhibit B and ilia snap shown on Exhibit A both attached to the Planning Dcpnrltnanl's aP,4 +41 a mcimo Sccllon 2 Taal list City Coutteli of the City of Fnycllaville, Arknnsas harahy zoilos dre newly nancxcdrropctty R-A, Residoill iol AgricGlhiral Scatimt 3 Thal tiw ctiy Council ar Il,a Clty or Fayctl evi I to. Atkormos Itcrcby atuGnds tlta official Inap Gild zoning map of Ile City of i Fayetteville to recognize this annexation and xonmg Scelion 4 That the City Council of Iho City of Fayetteville, Atkonsas Inosaby assigns this 69.65 acres to Word Four of the City of Fnyelleville PASSED and APPROVED un 11/9/2018 Applo�t& Liancld Jol don, Mayor Allesh Sondra E• Smith, City Clerk Trcasurcr 74754322 Nov 22,2018