HomeMy WebLinkAboutORDINANCE 5163f � Illl111111111111111111111111111111111lflllll{Illllli�lflll��llll�llln�,»>�,�I
Doc 10 012453060003 Tvoe: REL
Recorded: 08/25/2008 at 04:04:23 PM;,
Fee Amt: $25.00 Pace i of 3
Washington county. AR
Bette StamMDS Cireuit Clerk1�
Fi1e2008-00028234
ARCHIVED
ORDINANCE NO. 5163
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AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-302%
LOCATED AT THE NORTHWEST CORNER OF WEIR ROAD
AND NORTH SALEM ROAD, CONTAINING
APPROXIMATELY 3.23 ACRES.
BE IT ORDAINED BY THE CITY - COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: 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 I above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
PASSED and APPROVED this 5�h of August, 2008.
1 r
f By:
DAN tbODY, f ayor
ATTEST:
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SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
ANX 08-3029
A PART OF THE NORTHWEST QUARTER. OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE SO 1 °50' 13"W 352.66' TO A FOUND COTTON SPINDLE, THENCE
S79049'59"W 371.73'. THENCE N03009'28"E 433.28' TO A FOUND IRON PIN, THENCE
S87038'44"E 353.63' TO THE POINT OF BEGINNING. CONTAINING 3.23 ACRES, MORE
OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
08/25/2008 04:04:23 PM
and recorded in Real Estat_ej..
File m Nuber 20-08-00'0282314
Bette Stamps - Circuit
by t I 1 v
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN
REAL PROPERTY FOR ANNEXATION TO THE
CITY -OF FAYETTEVILLE, WASHINGTON COUNTY,'ARKANSAS-:-=
NO. CC, o's `g - 5
PETITION TO ANNEX TERRITORY TO="`:=
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THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
Broyles Commercial Funding, LLC, an Arkansas limited liability company, hereby submits
its Petition to annex certain real property into the City of Fayetteville, Washington, County,
Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. as follows:
1. That Petitioner owns the real property described on the Plat Map, Exhibit "A",
attached hereto and made a part hereof (the "Real Property"), and said Real Property
is situated in Washington County, Arkansas, and is contiguous with the City of
Fayetteville, Arkansas, and is within the City of Fayetteville, School District.
2. The Petitioner names James Atwood, Attorney at Law, P.A. as the person authorized
to act on its behalf with respect to this Petition.
3. The 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.
4. A true and correct presentation of the Real Property and how it is contiguous to the
City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto.
5. The Petitioner herein desires that the Real Property become part of the City of
Fayetteville, Washington County, Arkansas, and Petitioner states that it will do any
and all legal acts necessary to accomplish the objective set forth herein.
Page l of 2
THEREFORE, Petitioner respectfully prays that this Court set a hearing, and after
notice of such hearing, that the County Judge sign an Order annexing the above described
Real Property into the City of Fayetteville, Washington County, Arkansas, and to order such
other relief as is appropriate under applicable law.
Respectfully executed this day of APCf l , 2008.
Hank Broyles, Managini'Member c
Broyles Commercial Funding, LLC
SUBSCRIBED AND SWORN TO.before me, a Notary Public, on this the
2008.
My Commission Expires:
NOTARY PUSUC-ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 08-31-15
Page 2 of 2
el day of
Exhibit A
Plat Map and Legal Description
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID
FORTY ACRE TRACT AND RUNNING THENCE S01 *50'13"W 352.66' TO A
FOUND COTTON SPINDLE, THENCE S79049'59"W 371.73', THENCE
N03009'28"E 433.28' TO A FOUND IRON PIN, THENCE S87038'44"E 353.63' TO
THE POINT OF BEGINNING. CONTAINING 3.23 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
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County Disclaimer: 0 100 200 400
This map was created by Washington County using data created or acquired by its Assessor's office, Dept, of Emergency
Managment, and Road Department and in accordance with Arkansas Code 15-21-602 (2) (B), which states 'The digital cadastre
manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions.
nor is it suitable for boundary determination of the individual parcels included in the cadastre.' and Arkansas Code 15-21-502 (6)
which indicates that "Digital cadastre' means the storage and manipulation of computerized representations of parcel maps and
linked databases.'
This map has been developed from the best available sources. No guarantee of accuracy is granted, not is any responsibility
for reliance thereon assumed. In no event shall said Washington County be liable for direct, indirect, incidental, consequential or
special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance
on the map.
The parcel lines shown are considered a graphical representation of the actual boundaries. Washington County is in no
way responsible for or liable for any misrepresentation or re -use of this map. Distribution of this map is intended for informational
purposes and should not be considered authoritative for engineering, legal and other site -specific uses.
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;FR I i AK 15 2008 9: D5 „'T
8:58/No.68167c,6149 P 2
IN THE COUNTY COURT OF WASHINGTON COUNTY
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVIT.,LE.) ARKANSAS
= S?.
NO, CC2008-5
ORDER OF ANNEXATION
Now on this 19th day of May, 2008, this cause comes on to be beard, the Petitioner,
$rroyles
Commercial Funding, LLC, an Arkansas limited liability company, who is represented by James E
Atwood, Attorney at Law, P.A., after announcing the hearing of the cause and them being no Protests
or objections, whereupon, the ,nnatter is submitted to the Court upon the Petition filed herein, and the
oral and documentary evidence having been adduced, the Court being well and sufficiently advised
finds:
t . The Petition in this cause was filed on the 4'h day of April, 2008 at which time this
Court fixed the 19"' day of May, 2008, at 10:00 am,, as the date and time of hearing
for said cause; and that a full notice of this hearing was given is required by law and
the proof of publication of said notice is now on file with the County Clerk of this
Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the Petition are sustained by the proof,
that the limits of the territory to be (annexed have been properly filed; that the
property owners have freehold interests in the property hereinafter described in
Exhibit A hereto and in the Petition and constitute the real owners of the area
affected.
C'3 - 521
FUN (FR 1 } AUG 15 2008 9 : 06 "' 8 : 58fNo. 6813796149 P 3
3. The land proposed to he annexed to the City of Fayetteville, Washington County,
Arkansas, in this cause is described in "Exhibit A" attached hereto.
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits of the City of Fayetteville, and it is adapted for urban
purposes and this tenitory should be annexed to and made a part of the City of
Fayetteville, Arkansas.
IT IS THEREFORE, CONStD.FIMO, ORDERED AND ADJJUUCED that the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Acct. No. l of the Acts of the Legislature of 1$?5
of the State of Arkansas, and all Acts amendatory thereto, particularly including Act 142 of the Acts
of Arkansas for the year 1953, as codified in Ark Cnde Ann.§ 14-40-601., et seq., and this Order shall
be duty recorded by the County Clerk of Washington nty.
IT IS SO ORC CRX D this day of , 2008.
Page 2 of 2
lonolple-Terry Hunton
ington County Judge
orb- 524
FROM
(FRI)AUG 15 2008 9:06'
8.581No.6818798349 P 4
Exhibit A
Plat Map and Legal Description
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID
FORTY ACRE TRACT AND RUNNING THENCE S01 *W13"W 352.661 TO A
FOUND COTTON SPINDLE, THENCE S79049@59"W 371.734, THENCE
NO3°09'280E 433.28' TO A FOUND IRON PIN, THENCE S87°38'44"E 353.63' TO
THE POINT OF BEGINNING. CONTAINING 3-23 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
M
;FR I ? AUC 15 2008 9: 36 " 8:581No. 68167C.6149 P
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765-16698-500 FSyf9tteviileCOP
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County Disclaimer, 0 100 200 400
Tnrs map Was created by VVPOiWtoa County using data crested or tiogttired by its A6aessot's ofiice, Dept of Emergency
Managt++ent, snip Road Departmentand In aroansanoe with Arkansas Cone 15-21-Sa1 (2) (9), wrscn mates 'the digttat CedaWe
manages and provide$ access to caoaatfal InSp "Wtbn, Digital Cadastre does not represent regal property boundary deWjptrons,
nor Is it suitatrte for boundary datarnthition of u* intfiuidual paroals Included in the cadsstre " and Arkansas Code 15-21.502 (6)
whim Indicates inst -•Djoital cadastre' rneana the storage and manipulation of oornputenzed representations of parcat maps and
finked databases.'
Tres m9p has been developed from the best avallablo sources. No guarantee of aoatrtfay i9 9rantea. nor i; any responsibility
for reliarlCa thereon tt8surried. In no event "I said WashirgGpn County be fiabte W dfrecL IndirM, inciderrtat, consequential or
ap al dWrkkgoa of any kind, including, Out not IInt3Hd to. IOU of anticipated proots or benefiils drising out of use of orrelianoe
on &oe R.
The parcal lines shown are considered a graphical repmaentaticn of Ine aetuai boundaries. Washington County is in no
way responsible for or liable tar any mgteprasfntation or re -user of INS map. Distribution of this map is intended for intent atienal
purposes and should not Oe considered authorit wyo torw4nevinp, Ieyel rota other sfte-GpocifrC uses,
C3• 52�
ME
(FROAUG 15 2008 9:06 /['T 8:58/No. 8813798149 P 6
ORDINANCE NO. 5163
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-3029,
LOCATED AT THE NORTHWEST CORNER OF WEIR ROAD
AND NORTH SALEM ROAD, CONTAINING
APPROXIMATELY 3.23 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 I above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
Property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
PASSED and APPROVED this 5th of August; 2008.
By:
DAN tbODY, Vayoi
A7"T'EST:
tt<VrRgs,,fi
N • • fifi
g :FAYE7TEVIU_E:
CMG i�x`'G1,�,�•
SONDRA E. SMrM, City Clerk/Treasurer
imAniour --,w-
HOLCOMB
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17,
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..........
FR3M
(FRI)AU6 15 2008 9:06/I T 8:581No.8813796149 P 8
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHLP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHEAST CORNER OF SAID FOUR717Y ACRE TRACT AND
RUNNING THENCE S01 °50' l 3"W 352.66' TO A FOUND CO'CTON SPINDLE, THENCE
S79049759"W 371.73', THENCE NO3°09'28"E 433.28' TO A FOUND IRON PIN, THENCE
S87038'44"E 353.63' TO THE POINT OF BEGINNING, CONTAINING 3.23 ACRES, MORE
OR LESS. SUBJECT TO EASEMENTS AND RIGHT -OF -WAX OF RECORD, IF ANY.
Charlie Daniels
Secretary of State
August 19, 2008
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Avenue, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
State 4
of r r •
Secretaryof
Business & Commercial Services
682-3409
Ciections
682-5070
Building & Grounds
682-3407
Communications & Cducation
683-0057
State Capitol Police
682-5 t 73
Business Office
682.8032
Information Technology
682-34 t l
RECEIVED
AUG 2 0 2008
CITY OF FAYETI'EVILLE
CITY CLERKS OFFICE
The Following Information has been recorded and filed in the Office of the Secretary of
State:
Date: August 5, 2008 County: Washington City: Fayetteville
• Annexation:
i
Incorporation:
Ordinance No.
County Order No
Plat
Election
Island
Ordinance No.
Co. Order No.
Plat
Election
— 5163
- CC2008-5
\-Broyles
Census Information: The following City or Town has been upgraded or reduced to:
1 st 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, ��
VLC� t__. _0Q e
Nancy Cro ett
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: arsos9sosmail.state.ar.us • www.sos.arkansas.gov
NORTHWEST ARKANSAS EDITION
Northwest Arkansas Times
Benton County Daily Record
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 5163
August 13, 2008
Publication Charge : $68.58
Subscribed and sworn to before me
This /3 day of� 2008.
Notary Public A, _ 12 .AL
My Commission Expires: (loo1.�?,
Do not pay from Affidavit, an invoice will be sent
N A.
J
0TAR k
usOCO
ECEIVED
AUG
CITY OF FAYETTEVILL.E
CITY CLERK'S OFFICE
DNDINANCE NO. 5103
IAN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08
WEIR, LOCATED AT THE NORTHWEST CORNER OFTave
j j�WEIR ROAD AND NORTH SALEM ROAD, CON- jYf
TAINING APPROXIMATELY 3.23 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF' FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas,
as shown in Exhibit 'A' and depicted In Exhibit 'B' attached hereto and made a part hereof.
Section 2: That the official map of the City of Fayetteville, Arkansas, Is hereby amended to reffeot
the change provided in Section 1 above.
Saction 3: That the official zoning map of the City of Fayetteville, Arkansas Is hereby amended to
assign the zoning designation of R-A, Residential Agricultural to the subject property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
PASSED and APPROVED this"of August, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor 809DRA E. SMITH, CRY ClorknVessm'ar
EXHIBIT'B'
A PART OF THE NORTHWEST OUARTER OF NORTHWEST QUARTER OF SECTION 32, TOWN-
SHIP 17 NORTH, RANGE 30 WEST. WASHINGTON COUNTY. ARKANSAS. BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID
FORTY ACRE TRACT AND RUNNING THENCE S01°50'13"W 352.66' TO A FOUND COTTON SPIN-
OLE, THENCE S79°49'59'W 371.73'. THENCE NO3OM'28'E 433.26' TO A FOUND IRON PIN,
THENCE SBP38'44'E 353.63' TO THE POINT OF BEGINNING. CONTAINING 3.23 ACRES, MORE
OR LESS, SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY.
RECEIVE
AUA 14 ZOO$
CITY OF FAYErTEVILL
CITY CLERK'S OFFICE
Jeremy Pate
Submitted By
.y of Fayetteville Staff Review Forn
City Council Agenda Items
and
Contracts, Leases or Agreements
August 5, 2008
City Council Meeting Date
Agenda Items Only
Planning
Division
Action Required:
Operations
Department
ANX 08-3029 (Holcomb Heights 111, 245): Submitted by Appian Center For Design for property located at
northwest corner of Weir Road and North Salem Road. The property is in the Planning Area and contains
approximately 3.23 acres. The request is to annex the subject property into the City of Fayetteville.
Cost of this request
Account Number
Project Number
��I
rlenartment
Finance and Internal Service Director
Mayor
Comments:
Category / Project Budget
Funds Used to Date
Budget Adjustment Attached
eqps
Date
=
7- 4 S-dg
Date
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Received in
Mayor's Office
Revised April 16, 2007
City Council Me4GL.,9 of August 05, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations 1Q
From: Jeremy C. Pate, Director of Current Planning
Date: January 18, 2008
Subject: Annexation for Holcomb Heights III (ANX 08-3029)
RECOMMENDATION
Planning staff and the Planning Commission recommended approval of the subject
annexation request for approximately 3.23 acres of property located at the northwest
corner of Weir Road and N. Salem Road.
The subject property contains 3.23-acres and is located at the northwest corner of Weir
Road and N. Salem Road. There are two accessory structures and an existing single-
family home, which recently suffered substantial fire damage, located on the property.
The property owner has offered a Bill of Assurance that will require the removal of an
existing damaged structure on the property within 30 days from the date of annexation
and rezoning of the subject property by the Fayetteville City' Council.
f!) k-101 .. �117ri1
This item was heard at the regular Planning Commission meeting on January 14, 2008.
The Planning Commission voted 7-0-0 to recommend forwarding this rezoning request to
the City Council with a recommendation for approval.
BUDGETIMPACT
None.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-3029,
LOCATED AT THE NORTHWEST CORNER OF WEIR ROAD
AND NORTH SALEM ROAD, CONTAINING
APPROXIMATELY 3.23 ACRES. I
BE IT ORDAINED BY THE CITY COUNCIL OF. THE CITY ''OF
FAYETTEVILLE, ARKANSAS:
Section l: 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 I above.
Section 3: That the officialzoning 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
APPROVED:
By:
DAN COODY, Mayor
of , 2008.
ATTEST:
By:
SONDRA SMITH, City Clerk
ANXOS-3029
Close Up View
EXHIBIT vaAs'
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SUBJECT PROPERTY
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EXHIBIT "B"
ANX 08-3029
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHEAST CORNER OF SAID FOURTY ACRE TRACT AND
RUNNING THENCE SO] 050' 13"W 352.66' TO A FOUND COTTON SPINDLE, THENCE
S79049'59"W 371.73, THENCE N03009'28"E 433.28' TO.A FOUND IRON PIN, THENCE
S87038'44"E 353.63' TO THE POINT OF BEGINNING. CONTAINING 3.23 ACRES, MORE
OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY.
z
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: july—?4" Updated July 15, 2008
PC Meeting of July 14, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ANX 08-3029: (HOLCONM HEIGHTS III, 245): Submitted by APPIAN CENTER FOR
DESIGN for property located at the NW CORNER OF WEIR AND N. SALEM ROAD. The
property is in the Planning Area and contains approximately 3.23 acres. The request is to annex
the subject property into the City of Fayetteville.
Planner: JESSE FULCHER
BACKGROUND:
Property description: The subject property contains 3.23-acres and is located at the northwest
corner of Weir Road and N. Salem Road. There are two accessory structures and an existing
single-family home, which recently suffered substantial fire damage, located on the property.
Surrounding land uses and zoning is depicted in Table 1.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Agricultural
RSF-4, Res. Single Family — 4 units/acre
South
Holcomb Heights Ph. I and II
Residential Planned Zoning District
East
Sin le Family Home
RSF-4, Res. Single Family — 4 units/acre
West
Single Family Home
Planning Area
Proposal: The applicant proposes annexation of 3.23 acres into the City of Fayetteville.
INFRASTRUCTURE:
Streets: The property has frontage on Weir Road (a collector street) and Salem Road (a
collector street). Weir Road currently intersects Salem Road north of Gypsum
Drive, which creates an off -set intersection. As agreed to with the approval of
Holcomb Heights Ph. 1, Weir Road is required to be removed and reconstructed to
the south of the current street location to create a 4-way intersection with left hand
tum-lanes. Additional street improvements will be evaluated with future
development.
K. kRepor1s120081PC Reporls1134uly 14WIVX 08-3029 (Holcomb Heights 111).doc
Water: Public water is adjacent to the site. There is an 8" water main along N. Salem
Road that was installed as part of an adjacent development to the east_ A water
service extension through the subject property to provide domestic service and fire
protection may be required, depending on improvements associated with Holcomb
Heights Ph. 1.
Sewer: Sanitary sewer is available near the site. There is an 8" sewer main on Gypsum
Drive on the east side of Salem that may be adequate to serve future development;
however, the capacity of the existing main will need to be evaluated at the time of
development. A sewer service extension through the subject property may be
required, depending on improvements associated with Holcomb Heights Ph. I.
Fire: The subject property is located approximately 3 miles from the Fire Station #7
with a projected response time of 7 minutes. The Fire Department does not figure
calls for service on properties that are only being considered for annexation.
There should be no adverse effects on call volume or response time to this
annexation.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantial ly.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.
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 three sides by several established residential
subdivisions, with several others in the construction stage. Property to the west is
largely rural/residential. Holcomb Elementary School and Clabber Creek Trail are
located south of the property, providing recreational opportunities to area residents.
2. Areas that can be developed at urban densities.
Finding: The subject property can support a traditional urban design given the location of
the property at the corner of two collector streets, proximity to an elementary
school, public parks and trail system. Additionally, the area already supports more
urban development styles as is evident by Salem Village Planned Unit Development
and the more recently approved Holcomb Heights Planned Zoning Districts.
3. Immediate areas are those that are peninsulas or islands, where municipal services have
already been extended.
Finding: There are existing water and sewer lines available to the subject development, with
additional line extensions proposed with surrounding developments. The city's
police and fire departments service surrounding developments.
4. Vacant lands that are subject to development pressure.
Finding: The subject property is surrounded on three sides by either developed subdivisions,
or by properties which have been approved for development. It is unknown
whether this area will continue to experience development pressure.
5. Areas where urban services are already provided.
Finding: Surrounding properties are currently developed or developing and are provided
with city services.
6. Areas where urban services are needed.
Finding: Urban services are available to developments in the surrounding areas.
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.
K. Meports12008WC Reportsil3 July 14WMX 08-3029 (Hokornb Heights 111).doe
Finding: Annexation of the property will not create an island or a peninsula. Rather,
annexation of the property would begin to fill in an unincorporated area that is
surrounded on three sides by property within the City limits.
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, south, and
east.
12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: The subject property is not a part 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.
The north, south and east property lines are adjacent to incorporated property.
12.3.5.e The provisions of services should be concurrent with development.
Finding: Current conditions result in a response time of 7 minutes for fire protection from
Fire Station #7.
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.
Finding: There are no known environmentally sensitive areas that could be impacted by
development.
EMERGENCY AND PUBLIC SERVICES
12.3.5.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: Water is accessible to the subject property. Sanitary sewer would be required to be .
extended to the development should the property be annexed into the City. The
police department reports that current levels of service would not be compromised
and that coverage in this area can be provided. Fire service would also be provided
to the site at adequate levels.
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.
K:1ReportsL2OMPC Reportsil3-July 1414AX 08-3029 (Holcomb Heights 111).doc
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: Water and sewer services and fire and police protection are currently provided to
adjacent properties. Additionally, land to the north is located within the City limits
and once developed, will require city services.
12.3.51 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
Finding: N/A
12.3.5.n
sewer.
Finding: N/A
Promote long-range planning with adjacent jurisdictions.
Establish agreements to address regional concerns, such as water, stormwater and
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-4 if the
annexation request is approved.
K. lReporui20081pC Reporis113 July 1414NX 08-3029 (Holcomb Heights 111).doc
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.
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, the annexation of the
property will create a more desirable city boundary, by continuing to annex an area
of land, that is surrounding on -three sides by incorporated property.
12.3.5.0 Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of3.23 acres.
KAReports1200MC ReponsU3July 14UMX 08-3029 (Holcomb Heights 111).doc
Front Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
1 1.6.a Annex existing islands and peninsulas and do not annex areas that would create an island
or peninsula.
1 1.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
1 1.6.g Public services must be able to be provided efficiently in newly annexed areas.
1 1.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
l 1.6 j Areas currently served by utilities and other public services should be annexed.
11.61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
1 1.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
i 1.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
1 1.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K. Uteports12008TC Reports; 13 July 14L4NX 08-302Q (Holcomb Heights 111).doc
ANX 08-3029: (HOLCOMB HEIGHTS III, 245): Submitted by APPIAN CENTER. FOR
DESIGN for property located at NW CORNER OF WEIR AND N. SALEM ROAD. The
property is in the Planning Area and contains approximately 3.23 acres. The request is to annex
the, subject property into the City of Fayetteville. Planner: Jesse Fulcher
RZN 08-3030: (HOLCOMB HEIGHTS III, 245): Submitted by APPIAN CENTER FOR
DESIGN for property located at THE NW CORNER OF WEIR ROAD AND N. SALEM
ROAD. The property is zoned R-A, Residential Agricultural and contains approximately 3.23
acres. The R-A, Residential Agricultural and contains approximately 3.23 acres. The request is
to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Planner:
Jesse Fulcher
Public water is available to the property. There is an 8" water main along N. Salem .Road that
was required with the Rockhaven Subdivision. Phase I of Holcomb Heights indicate an 8" main
will also be stubbed out to this location, however the construction for Phase I has stalled. Water
may need to be extended through the property at the time of development to provide domestic
service and fire protection.
Sanitary sewer is available near the site. There is an 8" main on Gypsum Drive on the east side
of Salem that may be adequate grade however the capacity of the existing main and may need to
be evaluated at the time of development. Phase I of Holcomb Heights indicate an 8" sewer main
will also be stubbed out to this location, however the construction for Phase I has stalled. Sewer
may need to be extended through the property at the time of development. There is also a 6"
sanitary sewer on the north end of the site in the Mount Comfort right-of-way,
The site has access to both Salem and Weir Road. Salem Road is an improved paved two lane
city street. Street improvements will be evaluated with the proposed development. Weir Road is,%
an improved paved two lane city/county street. Phase I of Holcomb Heights indicate Weir Road
will be re -aligned and improved in this location, however the construction for Phase I has stalled
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.
Date 6/27/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
ANX 08-3029: (Holcomb Heights 111, 245): Submitted by Appian Center for Design for
property located at the NW corner of Weir and N. Salem Road 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 3.23 acres.
It is the opinion of the Fayetteville Police Department that this ANX will not
substantially alter the population density, and 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
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: David Williams, Battalion Chief
Date: July 9, 2008
Re:
ANX 08-3029: (HOLCOMB HEIGHTS III, 245): Submitted by APPIAN CENTER FOR DESIGN
. for property located at NW CORNER OF WEIR AND N. SALEM ROAD.. The property is in the
Planning Area and contains approximately 3.23 acres. The request is to annex -the subject
property into the City of Fayetteville.
This development will be protected by Engine 7 located at 835 N. Rupple Rd...
It is- 3 miles from the station with an� anticipated response time of 7 minutes :to the beginning of
the development. . .
The Fire Department anticipates &5 EMS — 5 Fire/Other) calls for service each year after the
development is completed and maximum build -out has occurred. See RZN 08-3030. Typically,
this type of development usually takes 12 — 18 months, after the development is started, before
maximum build -out occurs.
The Fayetteville Fire Department does not feel this development will affect our calls for service or
our response times.
Measured hydrant flow in this area is 9 gallons per minute.
If you have any questions please me.
DavidWiffiams
David Williams
Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
ANX08-3029
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FROM I (FRI)AUG 15 2008 9.05'CT 8:58/%.6813796149 P 1
State of Arkansas
Washington County Courthouse
280 forth College Ave, Suite 300
Fayetteville, AR 72701.
Telephone: (479)-444-1711
Fax: (479)444-1894
To: City Clerk's Office Date: August 15, 2008
Clarice
Fax #: 71.8-7695 Pages: 8, including cover sheet
From: Jennifer Sharpshair
Subject Confirmation for 1 Fayetteville Annexations
Ordinance # 5163