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Home My WebLink AboutOrdinance 6317of FpYErrF c. i 9AA S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6317 File Number: 2020-0263 APPEAL: ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX): ARCHIVED (IIIII! (IIIII III IIIII IIIII IIIII IIIII IIIII IIII ,IIII IIII IIIII IIIII IIIII IIII IIII Doc ID: 019313190004 Type: REL Kind: ORDINANCE Recorded: 07/13/2020 at 02:56:35 PM Fee Amt: $30.00 Paqe i of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2020 00023493 AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COME Q ^� Wrt o WHEREAS, the annexation petitioner has properly secured the Washington County Judge's 1r' O f""" authorization to annex 152.00 acres located along Hughmount Road North of Mount Corrr$it► the. City of Fayetteville; and C-) r- _3 z WHEREAS, the City Council passed Resolution 183-12 on September 4, 2012 to allow tiwj, extension of the city's sewerage system beyond the city limits to the Hughmount Village Development; and WHEREAS, the contract associated with Resolution 183-12 required the developers/owners of Hughmount Village to "pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible." NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 152.00 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. Page 1 Printed on 6110120 Ordinance. 6317 File Number 2020-0263 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 152.00 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 6/4/2020 Attest: K •r<,� IVA irX _ F S AYE Kara Paxton, City Clerk TreasurSEVILLE , .� ,. .,,';NG TCN1� OP%�``` Page 2 Printed on 6110120 ANX20-6995 H U G H M O U N T R D AREA 20-6995 EXHIBIT 'A' Close Up view TITUS ww DR ; W7 CMARBLE U J a RIDGE DRLU ._Ji w= CANYON SP ING RUN R HO SE DR SONG o� 0o BI DPL -J O Subject Property a OJ Qw of _ x 2 TOWNBRIDGE W U (n Y DR of w mw • CROSSVINE U P PPY DR CREEK D� PSI -y w Q Z �w Y �� KYNLEIGI Z Q O � LUE MST CT NORTH �O Legend +--- Planning Area RSF-1 i _ _ Fayetteville City Limits Feet RSF-4 Shared Use Paved Trail P-1 Trail (Proposed) 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet 20-6995 EXHIBIT 'B' LEGAL DESCRIPTION - OVERALL ANNEXATION: A part of the SW1/4 and part of the SW1/4 of the NE1/4 all of Section 31, T17N, R30W, and a part of the Fr. NW1/4 of Section 1, T16N, R31W, In Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, thence S03'06'00"W 528.00 feet to the POINT OF BEGINNING ; thence continue S03106'001W 1,548.75 feet, thence S71'56'45'W 1,221.15 feet, thence S03°47'29'W 354.77 feet, thence S79134'32W 507.56 feet to the west right-of-way of Hughmount Road as established by the Property Line Adjustment of Record at File Number 2016-34090, thence along said right-of-way N17'50'14'E 51.32 feet, thence N29121'28"E 57.42 feet, thence N37°29'431E 56.94 feet, thence N43'19'44"E 55.12 feet, thence N44'44'53'E 51.94 feet, thence N46°22'11'E 50.73 feet, thence N47122'38"E 99.47 feet, thence N39125'271E 43.66 feet, thence N25151'04"E 40.42 feet, thence N10°13'46'E 43.77 feet, thence N04'211361E 19.77 feet, thence leaving said right-of-way N87'24'25"W 1,278.46 feet, thence NO2°46'231 1,197.22 feet, thence NO2°4515111,317.62 feet, thence NO2°25'58"E 1,304.31 feet, thence S87'24'26'E 659.72 feet, thence S02'22'02'W 658.76 feet, thence S02'33'39"W 658.76 feet, thence S87'34'03'E 659.86 feet, thence S02154'04"W 526.78 feet, thence S87'28'03"E 1,316.56 feet to the POINT OF BEGINNING, Containing 152.63 acres, more or less, subject to easements and right of ways of record. Washington County, AR I certify this instrument was filed on 07/13/2020 02:56:35 PM and recorded in Real Estate File Number 2020-00023493 Kyle Sylvester - Circuit Clerk b..__ --- - Paxton, Kara From: Williams, Kit Sent: Thursday, June 25, 2020 3:43 PM To: Curth, Jonathan; Resz, Gregory; Paxton, Kara Cc: Jorgensen, Todd Subject: RE: Hughmount Annexation Kara should substitute this new correct version for the older slightly incorrect description. From: Curth, Jonathan Sent: Thursday, June 25, 2020 2:56 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton @fayetteville-a r.gov> Cc: Jorgensen, Todd <tjorgensen@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit, Correct. This is the legal description that Greg indicated to Planning staff ought to have been used. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurthPfavetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2:48 PM To: Curth, Jonathan <icurth@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Jonathan, I assume you took this from the tiny font on the plat. This is the correct legal description? If so, this should be all we need. Kit From: Curth, Jonathan Sent: Thursday, June 25, 2020 2:43 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Resz, Gregory <Rresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit, 1 Keith warned me that it was not attached, but it appeared to send, apologies. Here is my second attempt. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2:42 PM To: Resz, Gregory <gresz@favetteville-ar.gov>; Curth, Jonathan <icurth@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kara, I did not receive Jonathan Curth's attachment. Did you? From: Resz, Gregory Sent: Thursday, June 25, 2020 2:31 PM To: Curth, Jonathan <icurth@favetteville-ar.gov>; Williams, Kit <kwilliams@favetteville-ar.gov>; Paxton, Kara <kaPaxton @favetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov>; Jorgensen, Todd <tiorgensen@favetteville-ar.gov> Subject: RE: Hughmount Annexation All, I am going to be out this afternoon through July 6. If you need anything further from GIS on this, please contact Todd Jorgensen and he will help any way he can. Greg Resz, GISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 g resz @ fayettevi I le -a r. aov Website I Facebook I Twitter I Instagram I YouTube CITY OF IWO FAYETTEVILLE ARKANSAS From: Curth, Jonathan <icurth@fayetteville-ar.gov> Sent: Thursday, June 25, 2020 12:29 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit and Kara, Will the attached suffice? Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas jcurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 11:26 AM To: Resz, Gregory <gresz@favetteville-ar.gov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Macedo, Keith <kmacedo@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Thanks Greg. I have asked the City Clerk to wait until you could get her the correct legal description before filing this with the County and State. Can you please give us a copy of the legal description on one 8 by 11.5 page that is readable and can be filed as an exhibit to the annexation ordinance? Kit From: Resz, Gregory Sent: Thursday, June 25, 2020 11:17 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Macedo, Keith <kmacedo@fayetteville-ar.gov> Subject: FW: Hughmount Annexation Kit, I believe that I have found a scrivener's error in the Hughmount annexation. Please find attached a PDF showing the boundary survey done by Jorgensen & Associates that was intended to be part of the ordinance. Without this document, the property descriptions depict a hodge-podge of gaps, overlaps, and inconsistencies in our new City limits. Thank you. Greg Resz, GISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 g resz @ fayettevi I le -a r. gov Website I Facebook I Twitter I Instagram I YouTube CITY OF quo FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 '— (479) 575-8323 }, Text File File Number: 2020-0263 Agenda Date: 6/2/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 4 APPEAL: ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX): AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT WHEREAS, the annexation petitioner has properly secured the Washington County Judge's authorization to annex 152.00 acres located along Hughmount Road North of Mount Comfort into the City of Fayetteville; and WHEREAS, the City Council passed Resolution 183-12 on September 4, 2012 to allow the extension of the city's sewerage system beyond the city limits to the Hughmount Village Development; and WHEREAS, the contract associated with Resolution 183-12 required the developers/owners of Hughmount Village to "pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible." 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 confirms the annexation to the City of Fayetteville, Arkansas of about 152.00 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 Fayetteville, Arkansas hereby assigns this 152.00 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas page 1 Printed on 611012020 HALL ESTILL March 5, 2020 VIA US MAIL & E-MAIL ci clerk @fayetteville-ar.gov Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: ANX-20-6995 & RZN-20-6996 Appeal Request Dear Ms. Paxton: Robert K. Rhoads 75 N. EastAvenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill.com The above referenced annexation and rezoning requests were heard before the Planning Commission on February 24`I' 2020. The Planning Commission voted to neither recommend the annexation nor the rezoning; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of both the annexation and rezoning be put on the next appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The applicants will submit their reasons why they believe the City Council should approve the annexation and rezoning when these two (2) requests are placed on the agenda. I thank you in advance. RKR:slt Cc: Johnthan Curth Blake Pennington 4401338.1:005377:00001 Sincerely yours, Robert K. Rhoads Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa - Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE VAR'.. ARKANSAS MEETING OF MAY 19, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: May 1, 2020 CITY COUNCIL MEMO SUBJECT: ANX 20-6995: Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT ANNEX, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to annex the properties into the City of Fayetteville. RECOMMENDATION: The City Planning staff recommend approval of a request to annex the subject proeprty as described and shown in the attached Exhibits `A' and `B', excluding parcel #001-16799-000, described by the applicant as "Hughmount North". The Planning Commission denied the proposal and the applicant has appealed the decision to City Council. BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although significant areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage system to the Hughmount Village subdivision. Subsequently, in 2013 City Council approved Resolution 144-13 amending the previous agreement to ensure the property's development subject to the requirements of Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. A clause within the resolution required developers or owners to seek annexation when legally possible. Annexation was not legal in 2013 due to the lack of contiguous boundaries between Hughmount Village and incorporated Fayetteville. Staff evaluation indicates that development requirements have been met. Request. The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to Hughmount Village and as approved by City Council in January of 2014. As noted above, the terms of this resolution dictate that the residents of Hughmount Village are to seek annexation in to the City of Fayetteville when the annexation of intervening properties makes this feasible. This is occurring with the current application where the approximately 56.25 acres of Hughmount Village would be annexed with 95.75 additional acres intended to remain undeveloped or as future phases of the subdivision. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the properties within the proposed annexation as Natural Area, Rural Residential Area, and Residential Neighborhood Area. Natural Areas are intended for minimal to no development and property designated as Rural Residential are to remain large -lot residential, agricultural, or conservation subdivision in land use. On the other hand, Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. In addition to the Future Land Use Plan, City Plan 2040 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 the request is compatible with many of these policies, including that the proposed annexation will include environmentally -sensitive areas along Clabber Creek, and somewhat reduce an existing `peninsula' of land that is adjacent to incorporated Fayetteville. Additionally, under the City Council's agreement with the subdivision, City water and sewer currently serve a large portion of this area and are available for those properties proposed for annexation but not covered by the 2014 resolution. At the same time, other policies are not observed, among them the inability of the Fire Department to currently offer adequate response time and the potential need for upgrading infrastructure should the property develop at suburban or urban densities. While this will be lessened with construction of the proposed station at Deane and Porter, response times will still be less than recommended. Currently, the subdivision and neighboring unincorporated properties are served by the Wheeler Volunteer Fire District but the City of Fayetteville provides automatic response. In areas immediately adjacent to Fayetteville, an automatic response agreement often means that the Fayetteville Fire Department is the de facto first responder. Additionally, the portion of the property described as "Hughmount North" represents a conflict with the goal to reduce peninsulas, creating a finger of land that will be surrounded by unincorporated Washington County on three sides. On the balance of issues, staff finds that the proposal is generally consistent with existing plans and policies. DISCUSSION: On February 24, 2020, the Planning Commission denied the proposal by a vote of 7-1-0. Commissioner Brown did not support denial. Public comment was made from several nearby residents and a Housing Authority representative. Nearby residents were in favor of the annexation request, but opposed to the concurrently -submitted rezoning, citing concerns about excess density, increased traffic, and potentially inadequate infrastructure. The Housing Authority representative supported the request, but at a higher density than currently present in adjacent incorporated areas, and with the potential benefit of added sales tax revenue from online purchases. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Fire Department Memo • Resolution 144-13 • Planning Commission Staff Report ANX20-6995 HUGHMOUNT RD AREA 20-6995 EXHIBIT 'A' Close Up view Qf � TITUS , } w J w� DR _ 025 MARBLE U -J a RIDGE DRY _ u- CANYON SP ING RUN R HO SE DR o Z SONG 0 . 0 BI DID J O Subject Property O J o Q w TOWNBRIDGE 3 _ � U � Y DR X w mw CROSSVINE U P PPY DR CREEK O� _a Q w Q Z Y J LU K Q MST CT NORTH �o N�, , Legend - - -I Planning Area RSF-1 - - -� Fayetteville City Limits Feet RSF-4 Shared Use Paved Trail P-1 Trail (Proposed) 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet LEGAL DESCRIPTION — HUGHMOUNT NORTH: A part of the W1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence N02045'51"E 1,317.63 feet, thence NO2°25'58"E 37.66 feet to the POINT OF BEGINNING; thence continue Northerly NO2°25'58"E 1,266.65 feet, thence S87°24'26"E 659.72 feet, thence S02022'02"W 658.76 feet, thence S02033'39"W 658.76 feet, thence N87034'04"W 138.59 feet, thence N02036'40"E 40.32 feet, thence N87034'04"W 349.42 feet, thence NO2o36'40"E 12.40 feet, thence N87034'04"W 171.15 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: SLAPE PROPERTY: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 1,021.81 feet, thence N87°31'12"W 989.27 feet to the POINT OF BEGINNING, thence S02048'49"W 159.46 feet, thence N87°30'13"W 325.83 feet, thence N02054'04"E 159.37 feet, thence S87031'12"E 325.59 feet to the POINT OF BEGINNING, Containing 1.19 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: KILGORE SURVEY: A part of the Fr. NW1/4 of Section 1, T16N, R31W and a part of the SE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of the NE1/4, Fr.NW1/4, thence N03000'49"E 802.33 feet, thence N86059'11W 257.27 feet to the POINT OF BEGINNING, thence N40005'31"E 289.73 feet, thence N47°49'16"E 70.86 feet, thence N57019'59"E 67.83 feet, thence N15°48'39"E 86.91 feet, thence N71055'45"E 140.86 feet, thence S03047'29"W 354.75 feet, thence S79°34'28"W 437.56 feet to the POINT OF BEGINNING, Containing 2.07 acres, more or less, subject to easements and right of ways of record. HUGHMOUNT VILLAGE (PER FILE 0024-0000005 A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE N02045'51"E 1317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02036'40"W 12.40 FEET, THENCE S87034'04"E 349.42 FEET, THENCE S02036'40"W 40.32 FEET, THENCE S87034'04"E 798.45 FEET TO A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD S02°54'04"W 1308.53 FEET, THENCE CONTINUING ALONG ROAD S02°36'40"W 537.12 FEET, THENCE LEAVING HUGHMOUNT ROAD N87018'47"W 1317.23 FEET, THENCE N02045,511,E 537.22 FEET TO THE POINT OF BEGINNING, CONTAINING 56.25 ACRES, MORE OR LESS. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE R-A: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, SW1/4, THENCE S02045'51"W 537.22 FEET, THENCE S87018'47"E 474.94 FEET TO THE POINT OF BEGINNING, THENCE N02036'40"E 124.61 FEET, THENCE S87°21'30"E 232.89 FEET TO A POINT OF CURVE TO THE LEFT 45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF N56023'55"E 42.57 FEET, THENCE N20oO9'20"E 291.34 FEET TO A POINT OF CURVE TO THE LEFT 16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF N11023'00"E 16.78 FEET, THENCE N02036'4011E 562.73 FEET TO A POINT OF CURVE TO THE RIGHT 45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF N47036'39"E 41.01 FEET, THENCE S87023'21 "E 458.20 FEET, THENCE S02054'04'VV 499.73 FEET, THENCE S02036'40"W 537.12 FEET, THENCE N87018'47"W 842.29 FEET TO THE POINT OF BEGINNING, CONTAINING 12.92 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE RSF-8: A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE N02045'51"E 1,317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87034'04"E 171.15 FEET, THENCE S02°35'52"W 12.40 FEET, THENCE S87034'02"E 349.42 FEET, THENCE S02036'25"W 40.32 FEET, THENCE S87034'03"E 798.45 FEET, THENCE S02054'04"W 808.80 FEET, THENCE N87023'21"W 458.20 FEET TO A POINT OF CURVE TO THE LEFT45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF S47036'39"W 41.01 FEET, THENCE S02036'40"W 562.73 FEET TO A POINT OF CURVE TO THE RIGHT16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF S11 023'00"W 16.78 FEET, THENCE S20°09'20"W 291.34 FEET TO A POINT OF CURVE TO THE RIGHT45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF S56023'55"W 42.57 FEET, THENCE N87021'30"W 232.89 FEET, THENCE S02036'40"W 124.61 FEET, THENCE N87018'47"W 474.94 FEET, THENCE N02045'51"E 537.21 FEET TO THE POINT OF BEGINNING, CONTAINING 43.33 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. LEGAL DESCRIPTION - HUGHMOUNT SOUTH: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, thence S02°46'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,283.73 feet, thence S02038'17"W 657.71 feet, thence N87024'55"W 1,285.37 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING: Containing 19.43 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: RSF-8 REZONE: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,006.16 feet, thence S02°41'13"W 188.50 feet, thence S37018'06"W 145.81 feet, thence N87° 18'47'1N 135.00 feet, thence S02041' 13"W 350.09 feet, thence N87°24'55"W 789.42 feet, thence N02046'50"E 660.00 feet to the POINT OF BEGINNING, Containing 13.37 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: R-A REZONING: A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02046'50"W 1,854.85 feet, thence S87018'47"E 1,006.16 feet to the POINT OF BEGINNING; thence S87018'47"E 277.57 feet, thence S02038'17"W 14.24 feet, thence S40038'46"W 297.78 feet, thence S52°50'36"W 206.87 feet, thence S04030'46"W 135.59 feet, thence S54033'45"E 60.42 feet, thence S88037'37"E 213.21 feet, thence N26035'47"E 64.92 feet, thence N74030'14"E 59.39 feet, thence S02038'17W 190.71 feet, thence N87024'55"W 495.95 feet, thence NO2°41'1YE 350.09 feet, thence S87018'47"E 135.00 feet, thence N37°18'06"E 145.81 feet, thence NO2°41'13"E 188.50 feet to the POINT OF BEGINNING, Containing 3.58 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NS-G REZONING A part of the SW1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02°46'50"W 1,854.85 feet, thence S87°18'47"E 1,283.73 feet, thence S02038'17W 14.24 feet to the POINT OF BEGINNING; thence S02°38'17"W 452.76 feet, thence S74°30'14"W 59.39 feet, thence S26035'47"W 64.92 feet, thence N88037'37"W 213.21 feet, thence N54033'45"W 60.42 feet, thence N04030'46"E 135.59 feet, thence N52°50'36"E 206.87 feet, thence N40038'46"E 297.78 feet to the POINT OF BEGINNING, Containing 2.48 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HUGHMOUNT EAST: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence S03006'00'W 823.65 feet, thence N87°31'05"W 1,313.49 feet, thence N02049'40"E 170.42 feet, thence S87°30'13"E 325.83 feet, thence NO2°48'49"E 159.46 feet, thence N87031'12"W 325.58 feet, thence N02054'04"E 495.00 feet, thence S87028'03"E 1,316.56 feet to the POINT OF BEGINNING, Containing 23.69 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NC ZONE: A part of the NE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03°06'00"W 528.00 feet, thence N87°28'03"W 1,125.87 feet to the POINT OF BEGINNING, thence S02°31'57"W 494.81 feet, thence N87031'12"W 193.87 feet, thence N02054'04"E 495.00 feet, thence S87028'03"E 190.69 feet to the POINT OF BEGINNING, Containing 2.18 acres, more or less, subject to easements and right of ways of record. ALSO: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 1,351.65 feet, thence N87031'05"W 161.91 feet to the POINT OF BEGINNING; thence N87031'05"W 1,151.58 feet, thence N02049'40"E 170.42 feet, thence S87°30'1 YE 325.83 feet, thence N02043'00"E 106.15 feet, thence S87028'03"E 824.53 feet, thence S02o3l'57"W 275.75 feet to the POINT OF BEGINNING, Containing 6.50 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: RSF-8 ZONE: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence S03006'00"W 528.00 feet to the POINT OF BEGINNING; thence cS03'06'00"W 823.65 feet, thence N87031'05"W 161.91 feet, thence N02031'57"E 275.75 feet, thence N87028'03"W 824.53 feet, thence N03000'23"E 53.31 feet, thence N87°31'12"W 131.71 feet, thence N02031'57"E 494.81 feet, thence S87028'03"E 1,125.87 feet to the POINT OF BEGINNING, Containing 15.00 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HEYLIGER: A part of the SE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SE1/4, SW1/4, thence S03006'00"W 38.24 feet to the POINT OF BEGINNING; thence S03°06'00"W 725.10 feet, thence S71 °56'45"W 1,406.67 feet, thence NO3°00'49"E 1,218.57 feet, thence S87°31'05"E 1,313.80 feet to the POINT OF BEGINNING, Containing 29.29 acres, more or less, subject to easements and right of ways of record. CITY OF FAYETTEVILLE ARKANSAS To: Garner Stoll CC: Fire Chief Brad Hardin From: Battalion Chief Jeremy Ashley, Fire Marshal Date: March 19, 2020 Subject: Addendum to RZN 20-6996: fp'iE�'i.V?Ltf QF ikE UFPT FB E 0 0 ARN In a rezone letter dated February 11, 2020 the Fire Marshals Office submitted to Jonathan Curth a detailed explanation of our current and future response times to the address listed on the rezone request (see page 2). This property is currently outside the limits of the City of Fayetteville. The primary fire and EMS response is currently the Wheeler Fire Department which is located approximately 3.2 miles away. I am unable to give a response time for the Wheeler Fire Department as they are another jurisdiction. The property off Hughmont is in the area covered by an automatic aid agreement with the Wheeler Fire Department. Per the agreement if there is a reported structure fire in this area the Wheeler Fire Department is dispatched as well as the Fayetteville Fire Department. The Fayetteville Fire Department will respond with two (2) fire companies and one (1) command unit to assist Wheeler. This is a reduction of fire companies that are dispatched within the city limits of Fayetteville. Within Fayetteville five (5) fire companies and one (1) command unit is on the initial dispatch of a structure fire. EMS or any other emergency calls in this area will only get the response of the Wheeler Fire Department. Mailing Address 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 Vim CITY OF FAYETTEVILLE ARKANSAS To: Jonathan Curth, Planner CC: Battalion Chief Jeremy Ashley, Fire Marshal From: Captain Nathan Wood, Deputy Fire Marshal Date: February 11, 2020 fp�ETTEVILLF FIRE a nFPT D ARK Subiect: RZN 20-6996: RezoneSubiect: RZN 20-6996: Rezone (Hughmount RD. North of MT. Comfort/Hu�hmountRD. North of MT. Comfort/Hu�hmount Rezone, 282): Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N Rupple, protects this site. The property is located approximately 2.8 miles from the fire station with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. 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. In the future, a new fire station located near the intersection of W. Dean St. and N. Porter Rd. will service this property. The property is located approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Mailing Address 303 W. Center St. www,fayetteville-ar.gov Fayetteville, AR 72701 RESOLUTION NO. 144-13 A RESOLUTION TO AMEND RESOLUTION NO. 183-12 WHICH APPROVED A CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM IN ORDER TO APPROVE AN AMENDED AGREEMENT WHEREAS, on September 4, 2012, the Fayetteville City Council approved Resolution No. 183-12 which allowed the Hughmount Village Developers access to the City Sewerage System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required: "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washington County Conditional Use Permit granted to Hughmount Village was incompatible with RSF-4 zoning; and WHEREAS, the streets, drainage, sidewalks, water and sewer mains need be built to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 183-12 to cancel the existing Contract To Allow Access To City of Fayetteville Sewerage System signed on September 7, 2012 and replace it with the Agreement To Allow Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. Section 2: The City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED this 18th day of June 2013. APPROVED: ATTEST: SONDRA E. SMITH, City Cleric& ew t o L-'9 - f.t • i Y fit N f� �'�;♦ 0- AGENDA REQUEST FOR: COUNCIL MEETING OF June 18, 2013 FROM: ALDERMAN ADELLA GRAY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution to amend Resolution No.183-12 which approved a contract to allow access to City of Fayetteville Sewerage System in order to approve an Amended Agreement APPROVED FOR AGENDA: City Attorne§ Kit Williams ate f Date RESOLUTION NO. A RESOLUTION TO AMEND RESOLUTION NO. 183-12 WHICH APPROVED A CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM IN ORDER TO APPROVE AN AMENDED AGREEMENT WHEREAS, on September 4, 2012, the Fayetteville City Council approved Resolution No. 183-12 which allowed the Hughmount Village Developers access to the City Sewerage System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required: "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washington County Conditional Use Permit granted to Hughmount Village was incompatible with RSF-4 zoning; and WHEREAS, the streets, drainage, sidewalks, water and sewer mains need be built to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 183-12 to cancel the existing Contract To Allow Access To City of Fayetteville Sewerage System signed on September 7, 2012 and replace it with the Agreement To Allow Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. Section 2: The City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED this 18th day of June 2013, APPROVED: M. LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" AGREEMENT TO ALLOW ACCESS TO CITY SEWERAGE SYSYTEM AND TO IMPOSE DEVELOPMENT REQUIREMENTS WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any similarly situated development) any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, on September 4, 2012, the City Council of the City of Fayetteville passed Resolution NO. 183-12 permitting such access, but the terms of the Contract were incompatible with the Conditional Use Permit issued for this development by Washington County so that a replacement Agreement is needed; and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to alI City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as granted by the Conditional Use Permit approved by the Washington County Planning Board; Project #2011-103 (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, the City of Fayetteville Parks Board approved the dedication of 3.169 acres of land within Common Property 9 at their September 10, 2012 meeting. The exact limits of the park land dedication will be located west of the tree preservation area and will be determined at the Final Plat after drainage and utility improvements are constructed. In addition, the Developer shall dedicate a trail easement sufficient to connect from the crosswalk at Common Property 8 at Cotton Willow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure; streets, drainage, sidewalks, water and sewer mains to City of Fayetteville and Washington County standards as previously approved by the Fayetteville Planning Commission on March 25, 2013 (PPL 13-4304) and by the Washington County Planning Board on May 2, 2013 (Proj.#2013-024). Water and sewer infrastructure is to be dedicated to the City of Fayetteville, street and drainage infrastructure is to be dedicated to Washington County. HUGHMOUNT VILLAGE OWNERS/DEVELOPERS, in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development, do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE DEVELOPERS/OWNERS Phil Phillips Title: Date Signed: CITY OF FAYETTEVILLE, ARKANStAS �1d Jord t ayor Attest: f-•. �� Sondra E. Smith, City Clerk Date Signed: { 2 { i;; •;�,� %ems'•' �'Fk;d°�`�,••�� RESOI.tI'riON NO. 183-12 A RESOLUTION TO APPROVE, ' IlF' CONTRACT WITI1 IRK111MOUNT VILLAGE DEVELOPERS TO ALLOW '111F FXTF,NSION OF TIII., CITY'S SEWS AGI. SYSTEM BEYOND '!'Ill's CITY LIMIT'S TO TIEE PROPOSED I.1UG1dMOUNT VILLAGE DEVELOPMENT WHEREAS, §51.113 Sewer Senice and )Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council," and; WHEREAS, the City Council does not wish to grant the owners/developers of Hughmount Village which is slightly outside the city limits any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, only if the owners/developers of Hughmount Village will contractually agree to develop its properly pursuant to all development criteria required of persons who develop within the City of Fayetteville {.including preliminary and final plat pr(x.ess, approval and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer, parkland), tree preservation requirements, drainage requirements, infrastructure improvement and dedication to the City of Fayetteville, etc.) will the City pen -nit the owners/developers of Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities; and WHEREAS, because by signing the contract (attached as Exhibit A) the owners/developers of I-lughmount Village have agree to all such terms stated above, the City Council approves the extension of city sewerage system to Hughmount Village by allowing its developers to construct the necessary sewer mains from the appropriate city sewer main to its property and approves the Contract. NOW, THEREFORE HE IT RFSOI,VED BY TI-IF CITY COUNCIL OF THE CITY OF FAYETTI+ VI LLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract to Allow Access to the City of Fayetteville Sewerage System, authorizes Mayor Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to the City's sewerage system and wastewater treatment facilities pursuant to the Contract. Attached as Exhibit B is the legal description for Hughmount Village Development for which access to the City's wastewater treatment facilities is being granted. PASSED and APPROVED this 4"' day of September, 2012. APPROVED: ATUPS"i": Pap 2 Resolution No.183-12 Hy: . L NN LD J D , Mayor SONDRA E. ShIITH, City CIC&Treast m 3•fAYEtIt'Vft1E•')- - :y v";�,GTO; tikI X10, flA,tA ll a, Departmental Correspondence Kit Williams Citv Attorney TO: Mayor Jordan Jason B. Kelley City Council Assistant City Attorney FROM., Kit Williams, City Attorney. - DATE: September 4, 2012 RE: Contract to allow access to City of Fayetteville Sewerage System Attached please find a copy of the signed Contract. This contract would require the developer/owner of the proposed lughmount Village to develop and pay the appropriate fees as any developer would if building within Fayetteville. The developer desires to dedicate his proposed linear park (with a trail) to meet his parkland dedication requirement. Pursuant to the U.D.C. as long as the proffered land "is suitable for park purposes, the proposed dedication shall be accepted." §166.04 (B) (3) (1) (ii) d. The developer will be required to plant trees and build a trail to city standards running through his dedicated lots and provide easement access if a trail is extended from the Clabber Creek trail. All maintenance of the parkland shall be the property owners association's responsibility until and unless Hughmount Village is annexed into Fayetteville, EXHIBIT "A" CONTRACT TO ALLOW ACCESS TO CITY" OF FAYETTEVILLE SEWERAGE, SYSTEM WHEREAS, the developers/owners ortitightnount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Ilughmount Village (or any similarly situated development) any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, the City of Fayetteville is willing to allow developerslowner of Ilughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including- (1) All street frontage, density, lot area requirements, etc. as if their property was zoned Residential Single Family, four units per acre. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application tees at the normal time including preliminary/final plat, building Pecs for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, dedicate to the City of Fayetteville upon plat approval Common Property lots 4, S, 6, 7 & 8 (3.86 acres) as parkland; and upon or prior to the sale of 30% of the building lots, plant trees basically as shown the plat and construct trails over such lots to City of Fayetteville standards basically as shown on lixhibit 1 (proposed plat of Hughmount Village). Dedicate a trail easement sufficient to connect from the trail at the crosswalk of Cottonwillow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek "frail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (b) Construct all infrastructure; streets, sidewalks, water and sewer mains to City of Fayetteville standards and dedicate to the City of Fayetteville (streets maybe jointly dedicated to City and County). HUG11MOUNT VILLAGE OWNERS/DFVEI.OPER.S in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits and zoned RSF-A. Further developers/owners of l lughmount Village plccige and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of' Fayetteville and the owners/developers of Hughmount Village sign below. HUGiHMOUNT VILLAGE DEVELOPERS/OWNERS By: (2)L( , Phil Phillips Title: �. f Witnek. Vol Name: �S-S Date Signed: } y.4_ ; `t'..0 CITY OF FAYETTEVILLE, RKANSAS — — xrneld .lot' MavOr Attest: By: A Sondra E. Smith, City Clerk Date Signed: _ 14 -7/02 _ dW{ A1INIJIA i XY'4lN'lU)J!tld�NINSY.iI 3JV77IA JjV1?OWHDIIH •rM FW.Y ��Wrarlu� �l.W rr.. y w.. rwy .r .l.+r•.� p.1NM .w.`rw/ w1}• .r .! F..MN f1.lrl.q �nrJ . t t -r ri r �Tr MJ N M1W . �.i..�� yf.�r..a..NiH � � f♦� rrr}J. weir w. •� y.y.,y . M^l��ruiv rw f.�lN MY wr�vlNtrJW R} W rM ..JqN fY.IN.t: t:tgl. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 24, 2020 (Updated with Planning Commission Results) SUBJECT: ANX 20-6995: Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORT/HUGHMOUNT ANNEX, 282): Submitted by HALL ESTILL ATTORNEYS, INC. for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres. The request is to annex the properties into the City of Fayetteville RECOMMENDATION: Staff recommends forwarding ANX 20-6995 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 20-6995 to the City Council with a recommendation of approval." BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although large areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage system to the subdivision. In exchange, the property was developed subject to the requirements of the Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. This resolution was amended in 2014 under Resolution 17-14 to address development modifications. Among the changes to the agreement, the homeowners of Hughmount Village are to petition for annexation when legally possible. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped AG/SF Res 1 (Unincorporated Washington Count South Undeveloped/Large Lot Residential, Single-family Residential AG/SF Res 1 (Unincorporated Washington County). RSF-4, Residential Single-family. 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped/Large Lot Residential AG/SF Res 1 (Unincorporated Washington County) Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates to Hughmount Village and as approved by City Council in January of 2014. Additional properties Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 1 of 25 are intended to remain undeveloped or as future phases of the subdivision. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (RZN 20-6996), but no statements of support or opposition. INFRASTRUCTURE: Streets: The subject properties have direct access to Hughmount Road. Per the 2040 Master Street Plan, Hughmount Road is not designated and would generally be considered a Residential Link. Properties proposed for annexation to the north and south of Hughmount village have access to public streets built in association with Hughmount Village. These were required to meet Fayetteville's block length and connectivity requirements, and were stubbed out for future connectivity. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing, looped 6-inch water main provides service along Hughmount Road while 8-inch mains are installed throughout Hughmount village. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Sewer: Sanitary Sewer is available to portions of the subject property. An existing 8-ich sanitary sewer main serves the Hughmount Village subdivision. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Future development in this area will require sewer capacity analysis as this line may not be adequate to support additional impact. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Given the presence of Clabber Creek and an unnamed tributary along the southern portion of the subject property, FEMA-designated floodplains, streamside protection zones, and hydric soils are all present. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 2.8 miles from the subject property. The anticipated response time would be approximately nine minutes. This is outside the response time goal of six minutes for an engine and eight minutes for a ladder truck. Of note, a new fire station is proposed near the intersection of Deane Street and Porter Road which would serve the subject property. The response time from the new station would be approximately seven minutes. This is outside the response time goal of six minutes for an engine, but within the response time goal of eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced G:\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 2 of 25 setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 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: Although the larger portion of the proposed annexation will `square -off' a city boundary, the northernmost extent of the subject property will create a peninsula of incorporated land within unincorporated Washington County. Staff recommends removal or denial of this portion of the request, described as Hughmount North, or consideration of additional areas of annexation along Hughmount Road to provide a logical boundary. 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 west Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation includes the entirety of Hughmount Village, the only subdivision in the area of interest. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of several properties and encompass both the east and west sides of Hughmount Road. To the south and west, the annexation boundary aligns with existing, incorporated land and platted subdivisions. To the west and north it abuts unincorporated land. 12.3.5.e The provision of services should be concurrent with development. Finding: The property is adjacent to City water but outside current acceptable response times of the Fayetteville Fire Department. While portions of the property currently have access to sanitary sewer, others will require extension. Further, per comments from the Engineering Division, additional connections to existing sanitary sewer mains will necessitate evaluation for capacity. G:\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 3 of 25 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: With the exception of Hughmount Village, large areas of the property are undeveloped except for open space and agricultural uses. Otherwise, significant areas of the property are located within the floodplain of Clabber Creek and an unnamed tributary. Annexing the property would subject it to Fayetteville's higher standard of development criteria, including streamside protection zones and tree preservation. Additionally, these riparian areas are identified as within the Enduring Green Network. 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 approximately nine minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck. Construction of a proposed new station at Deane and Porter will reduce response times to within acceptable limits for a ladder truck, but outside acceptable limits for an engine. 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: 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. That being stated, development may necessitate extension or upgrading of existing sanitary service, and fire department response times to the area are currently below goals. 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: Although not the primary responder, fire protection is currently provided under the City's automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access G:\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 4 of 25 to sanitary sewer, but sanitary sewer extensions and possibly upgrades will be required to serve the entirety of the property. 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: Although existing utilities are located along Hughmount Road and within the Hughmount Village subdivision, Engineering staff advises that sanitary sewer capacity may be inadequate. Additionally, some properties will require sanitary sewer extension before connection. 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 concurrently -requested R-A, RSF-1, RSF- 8, NC, and NS-G zoning districts there will be an increase in both density and traffic. Given proximity to Mount Comfort Road, a Regional Link, Planning staff does not anticipate an immediate increase in traffic from this site will pose a hazard, but future developments may be responsible for street, bridge, or intersection improvements. 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. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 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 Map. The map was recently GAETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 P002-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 5 of 25 amended and adopted with City Plan 2040, and expanded the amount of land northwest of Fayetteville that is designated as Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. However, the applicant has submitted a concurrent request to rezone portions of the area under consideration for single-family development and nonresidential use (see attached exhibit). The request is to rezone approximately 47.86 acres to R-A, Residential Agricultural, 1.19 acres to RSF-1, Residential Single-family, 1 Unit per Acre, 8.68 acres to NC, Neighborhood Conservation, 2.48 acres to NS-G, Neighborhood Services, General, and the remaining balance of approximately 91.79 acres to RSF-8, Residential Single-family, 8 Units per Acre. 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: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, 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 152 acres. While the request would annex Hughmount Village as required by the 2014 resolution that granted sanitary sewer service to the subdivision, portions of the overall annexation would create a peninsula that may compromise City Plan 2040's policy to avoid creating irregular boundaries that may adversely affect development patterns or provision of services. 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 toward the northwestern extent of the City and developing it can pose financial challenges for the City to maintain WETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 6 of 25 public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes lower densities may exacerbate this. RECOMMENDATION: Planning staff recommends forwarding ANX 20-6995 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 24, 2020 O Tabled O Forwarded M Denied (Motion: Paxton ISecond: Canada 7-1-0, Brown voted 'no' BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • Annexation Exhibit • Rezoning Exhibit • City Services Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G:\ETC\Development Services Review\2020\Development Services\20-6995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 P002-24-2020 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 7 of 25 12.3 Annexation Annexation is the inclusion of previously unincorporated lands within the City limits. Annexation has benefits to the residents of the annexed area as well as to the City. The residents gain access to urban services, such as enhanced police and fire protection and have a voice in city government. The City gains the ability to control development and extend boundaries in a logical manner. The purpose of this planning element is to take a more active approach toward annexations by identifying potential annexations areas and establishing annexation policies. The annexation policies will guide evaluation of future annexation proposals. The policies are designed to ensure that public services, infrastructure, and utility extension is properly addressed in order to manage growth. The potential annexation areas may become part of the City when these annexation polices are met. E T-z m C O ry n O m N 3 ooD_i 3 O CD N (G 3 3 cNii .x.. N o 0' Approximate location of proposed annexation NE2.0 Figure 12.15 - Fayetteville Annexation Map A lkh� OL i lA &• �V " .--iateswn ISWA. �r ■ J De -Annexation (Removed from Fayetteville} Annexation 1870 1910 1970-1979 1930-1939 1980-1989 1940-1949 1990-1999 1950-1959 2000-2009 1960-1969 2010-Present 149 Annexation History and Trends The original town was incorporated in 1870 with approximately 1,100 acres. Since incorporation, the City has made almost 200 annexations, totaling over 34,000 acres. Annexation activity was relatively slow until the 1940's, when over 2,500 acres were annexed within 19 annexations. During the 1950's, almost the same number of annexations took place, however, the total land area annexed was significantly smaller than in the 1940's. By the 1960's. annexation activity increased dramatically, with 42 annexations bringing over 18,000 acres into the city limits. Annexation numbers dropped in 1970 and stayed steady until the 1990's, when the number of annexations tripled from the 1980's. By 2000, the City contained 45 square miles and by 2018 the City contained approximately 55 square miles. One indicator of the amount of developable land within the City is the number of people per acre. Prior to 1940 there were approximately 5.6 persons per acre. This era represents the time when Fayetteville was still relatively small and consisted primarily of what we would now consider the downtown and surrounding neighborhoods. By 1970, after numerous large annexations in the 1960's, the persons per acre had been reduced to 1.3. The City's population continued to increase dramatically through the 2000's when we maintained just over 2 people per acre from 2000-2010. An annexation referendum in October of 2006 for a large area along Wedington Drive on the west side of town brought in an additional 1,400 acres of low density land for eventual development. 3m 2m' m c 5 ,2 o N y N 3 may_ ?3 0 j ETN % 3 0 ((A .� 05 O w Oo Figure 12.16 - Fayetteville Town Plat N 69 150 State Statutes on Annexation Title 14, Chapter 40 of the state statute discusses annexation. Annexations can be initiated by a municipality or by property owners. A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities. If the municipality has the greater distance of city limits adjoining the area, and land contiguous and in adjacent counties to annex any contiguous lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the following criteria: • Platted and held for sale or use as municipal lots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or horticultural purposes and the highest and best use of the land is for agricultural or horticultural purposes; or Are lands upon which a new community is to be constructed with funds guaranteed in whole or in part by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VI of the Housing and Urban Development Act of 1970. To annex land surrounded by a municipality, the governing body can propose an ordinance to annex the property. Again, the lands must meet the criteria listed above. A public hearing must be held within 60 days of the proposed ordinance, A majority of the governing body must approve the annexation for it to become effective. 3 10r5zo N3 oDp A3 m 3 0 N .xr Oo O on Figure 12.17 - Great Seal of the State of Arkansas 151 Property owners in areas contiguous and adjacent to the municipality may request annexation. They can apply with a petition of the majority of land owners in the area, if the majority of the total number of owners own more than one-half of the acreage affected. Potential Annexation Areas The potential annexation areas should be identified by the City using the following criteria: • Areas that are already urban in character. • Areas that can be developed at urban densities. • Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. • Vacant lands that are subject to development pressure. • Areas where urban services are already provided. • Areas where urban services are needed. Annexation Guiding Policies Boundaries • Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. • Proposed annexation area must be adjacent, or contiguous. to city limits. • Areas should either include or exclude entire subdivisions or neighborhoods, not divide. • Boundaries for annexed areas should follow natural corridors. • The provision of services should be concurrent with development. Environmentally Sensitive Areas • Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services • Public services must be able to be provided efficiently in newly annexed areas. • Annexed areas should receive the same level of service of areas already in the city limits. • The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. 152 Infrastructure and Utilities • Areas currently served by utilities and other public services should be annexed. • Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. • Phased annexation should be initiated by the City within the active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations • Promote long-range planning with adjacent jurisdictions. • Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations • Develop a land use plan for annexation initiated by the City. • Designate zoning districts for property during the annexation process. • An annexation study should be completed on all annexation proposals. • Development proposals require a separate review from the annexation proposals. • Residents should be fully informed of annexation activities. • Encourage larger annexations to create acceptable boundaries. • Conduct a fiscal impact assessment on large annexations. C � j 010 j 7 Q o y n� 3 ND_?3 7 3 NO N X 3 (Ni C,07 153 ANX 20-6995 Request PETITIONER'S STATEMENT Letter The Petitioner has reviewed the Annexation section of the City Plan 2030 and unequivocally submits that this annexation meets the City's guidelines, policies. rules and regulations as laid out in section 12.3 of said Plan. Specifically this annexation will not just meet but will help promote the City's annexation policies in that it will not create an island as the annexation is adjacent to the existing city limits. No subdivision will be divided. The city already provides water and sewer to a good portion of this property to be annexed and other public services certainly can be provided efficiently in the newly annexed area. Further, Resolution No. 17-14 passed by the City of Fayetteville January 7, 2014 in which Fayetteville allowed Hughmount developers access to the city's sewer and water (specifically see Exhibit A to that resolution signed by the Hughmount developers and the City of Fayetteville) states "Further developers/owners of the Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible..." The significance of this Resolution is that is has always been the city's intent to annex the Hughmount Village Subdivision. A good portion of the rest of the property to be annexed will be subsequent phases of the same subdivision. Further, the Petitioner is filing simultaneous with this annexation petition a Petition to Zone the annexed property into five (5) zoning classifications. 4276735.1:005377:00001 Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 13 of 25 ANX 20-6995 Order of Annexation 2019 SEP 27 AM 9: 25 IN THE COUNTY COURT of 1i va ,mm, io-N COtiRKANSAS�" IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN CONTIGUOUS LAND TO THE CITY OF FAYETTEVILLE, ARKANSAS CC 2019-14 ORDER OF ANNEXATION NOW on this 26t'' day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in "Exhibit A" attached hereto and incorporated by reference. From the evidence presented by the Petitioner through its attorney, Robert K. Rhoads, the Court finds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required by law. 2. All the lands proposed to be annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. 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 Petitioner is right and proper. 4. The Petitioner has satisfied the requirement for signatures under A.C.A. § 14-40-601 by presenting the Court with 89 signatures out of the 138 real estate owners within the land proposed to he annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 14-40-601. 5. This Court therefore determines that an Order of Annexation is proper. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 14 of 25 IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas, subject to the approval of the City Council of the City of Fayetteville, Arkansas. IT IS SO ORDERED. r\h HON /`BLi JOSS; 11 !�. % OOD COU�TY JUDGE Prepared bv: Brian R Lester Washington County Attorney 280 North College Ave., Suite 500 Fayetteville, AR 72701 tl(479) 973-8415 V(479)444-1899 blester&o.washington.ar. us Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 15 of 25 Parcel 001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part of the NE 1/4 of the SW =/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point S28.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet,; thence South 495.00 feet; thence N 89 degrees 45'00" E,1316.81 feet; thence N 00 degrees 22'00" E 495.00 feet to the Point of Beginning, containing 14.98 acres, more or less. Parcel 001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 7 A part of the E % of the SW Y4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE Y4 of the SW Y/4 of Section 31, T-17-N, R-30-W; thence S 03 degrees 06'20" W, 1022.25 feet to a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to a set iron pin; thence N 02 degrees 52'05' W (E),170.4.1 feet to a set iron pin; thence (S) 87 degrees 30'29" F., 326.20 feet to a set iron pin; thence N 02 degrees 52'05" E,159.53 feet to a set Iron pin, thence S 87 degrees 30'29" E, 988.98 feet to the Point of Beginning. containing 8.76 acres, more or less. Parcel 001-16608-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72704 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to - wit From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feet from the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North of Range3l West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the West line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 E XHIBIT A +nwraz�.�- ng Commission February 24. 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 16 of 25 West; thence North along the West line of said 40 acre tract to the Northwest corner thereof; thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001-16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A part of the fractional Northwest Quarter (NW %) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S 1h) of Section 31, Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 'A) of the fractional Northwest Quarter (NW Y4) of said Section 1, Township 16 North, Range 31 West; thence N 37 degrees 58'10" E, 289.73 feet; thence N 45 degrees 41'55" E, 70.6 feet; thence N 55 degrees 12'38" E, 67.83 feet, thence N 13 degrees 41'18" E 86.91 feet; thence N 69 degrees 48'24" E, 140.86 feet; thence S I degree 40'08" W, 354.75 feet; thence S 77 degrees 27'11' W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16807-002 & 001-16807-OC3 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SW Y4 of the SW'/. of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which Is S 00 degrees 10 minutes 42 seconds W,1854.85 feet from the NE corner of the SE 2/4 of Section 36, T-17-19, R-31-W, Washington County, Arkansas, and running thence S 89 degrees 53 minutes S6 seconds E,1283.73 feet; thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; thence N 89 degrees 57 minutes 37 seconds W, 1285.37 feet; thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos_ 2S6-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots CP1 through CP9, inclusive, of Hughmount Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Ofiicio Recorder of Washington County, Arkansas. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 17 of 25 Parcel 001-16799-000 Hughmount Village, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W % of the SW Y4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin at the NW corner of the SW V4 of the SW IY4 of Section 31, T-17-N, R-30-W, thence North 02°45'51' East-1,317.63 feet, thence North 02°25'58" - 37.66 feet to the Point of Beginning of adjusted Tract B, thence North 02°25'58" East 1266.65 feet; thence South 87124'26" East 659.72 feet, thence South 02°22'02" West 658.76 feet, thence South 02*33'39" West - 658.76, thence North 87°34'04" West 138.59 feet, thence North 02°36'40" East 40.32 feet, thence North 87034'04" West 349.42 feet, thence North 02'36'40" East 12.40 feet, thence North 87'34'04" West 171.15 feet to the Point of Beginning of Adjusted Tract B, containing 19.44 acres, more or less. Parcel 001-16794-001 Michael L. S)ape 2634 N. Hughmount Road Fayetteville, AR 72704 WD 2007-20755 A part of the E % of the SW Y+ of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin for the NE corner of the RE 114 of the SW Y4 of said Section 31, T-17-N, R-30-W; thence S 03006'20" W,1022.25 feet to a found Iron pin; thence N 87'30'29" W, 988.98 feet to a set iron pin for the point of beginning; thence 5 02052'05" W,159.53 feet to a set iron pin; thence N 87°30'29' W, 326.20 feet to a set Iron pin; thence N 02°52'05"E,159.53 feet to a set iron pin; thence S 87*30'29" E, 326.20 feet to the point of beginning, containing 1.19 acres, more or less. Planning Commission February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 18 of 25 Fo - I Z W iW i cn z i 3 is i i0C i i CC i a� iJQ i Q ion i L~ = J i i t Y - -- --==---------------- -- Z z z L-------------- ................... W 1 LU ga W v m J y Y N Jy Lu W IL my - V -1 W � L 61 I - - ------------------------ X Q W W _ } i W i I i L E !g �i ■AAii■ 04 Y �W �oC v M( r--JW y u V ----'------- ------ 1 - = v-:1sa SMOOV3W H3MoIa011M Z )"A' N X W � x � ------------- z Plan ing Commission F bruary 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 19 of 25 ANX 20 Ggqri N)O wf E GRAPHIC. SCALE s 'A Z ui �W .1 z LLI Ln Ln -R— 5 S- 5 Rear 5' Rear hom center elNy IT PEA �(R-- _Rear ss RSf I YI•eaeMrl %r" 1-0, 0 Ic :W.— ,_35 U 0 0 Fayetteville, AR 8-inch Water Main (throughout Hughmount Village) , A6-inch Water Main (Hughmount) Proposed Annexation i 4- 8-inch Sewer Main (throughout Hughmount Village) 1 yet ate.. •. l I 2/20/2020, 10:43:15 AM Hydrant Sewer Main Sewer Pressurized Main Unknown — 2" - 8" Water Main Up to 8" 10" - 18" Unknown Diameter ill 8" 8" to 12" 20" - 36' 10" -- 20' 12" and Up — 24" - 42" Y f' Of*Via Ile - 1:9.028 0 0.075 0.15 0.3 mi TIL T t Tr 1T 0 0.1 0.2 0.4 km The data contained herein was —pled from vanous sources for the sob use end bandit of fie City of Fayd[evile GeographK Information System and the public agencies it serves. My use of the data by an other than tie City ofFayetevile is at the sole rek of the arM by au eptame of that; data the user doe6 hereby agree to indemnify the City of Faydtewle end how ne city of Fayettevrle harmless from antl withal labiRy tar any Wims.aaions co so for don ages of any nature—ludng tie a ty's oat ofdden sertm by user or by another aiming tram the use o11hc data. The City o/ Fayett%1{ makes nnyy ez pass or implied warantees win rderence to the data No word. ptnae. �I�oimgiil6ommission here, sh al be cone-d to wane that mn aumundy set farm under iik ansas law. February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Page 21 of 25 Agenda Item 8 20-6995 (Hughmount Annex) Page 22 of 25 Agenda Item 8 20-6995 (Hughmount Annex) Page 23 of 25 Agenda Item 8 20-6995 (Hughmount Annex) Page 24 of 25 Agenda Item 8 20-6995 (Hughmount Annex) Page 25 of 25 HALL LSTILL AI 1012N'EY,AI t-A'�\— May 11, 2020 VIA E-MAIL Garner Stoll 125 W Mountain Fayetteville, AR 7270I Qstoll(i fayetteville-ar.;;ov Re: HUGHMOUNT ANX AND RZN Dear Garner: Robert K.Rhoads 75 N East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill.com Pursuant to our prior conversations on the above referenced annexation and rezoning, I write this letter in hopes that the City's Planning Department will support both the annexation (in its entirety) and rezoning. BACKGROUND: the subject property of this annexation and rezoning was primarily owned by Ms. Johnelle Hunt and Phil Phillips, when around 2008, the City of Fayetteville inadvertently put sewer lines across the property without the owner's knowledge and without any sort of easement. As a result of that innocent mistake the City agreed to supply water and sewer to the property, see attached Exhibit A, the agreement and accompanying resolutions. As part of this agreement the City wanted the Hughmount Subdivision to be annexed into the City "as soon as legally possible". See Resolution No.17-14, Exhibit A. During the course of developing the subdivision the owners employed Rob Sharp, architect, and attached is a rendering from his file from the summer of2009 showing a land plat of the subdivision (Exhibit B). Note, this plat shows several phases of Hughmount Village as it was the expressed intent of the owners to have water and sewer supplied by the City for all of Hughmount no matter which phase they developed first and accordingly all phases annexed too, no matter if a peninsula was created. For economic and other practical considerations only the middle phase has been developed so far. During discussions with the City, both the owners and Mr. Sharp made clear, and, the City agreed, that water and sewer would be supplied to all phases of Hughmount Subdivision and it was the understanding of the parties then when the City Council voted and the Mayor signed the contract and the resolution that the entire subdivision (all phases) would be annexed into the City in part because the City did not want to have package or S.T.E.P. waste systems on any of this subject property. Therefore the City required Hughmount Village to be developed by City standards even though it wasn't yet in the City. As to date, the phase which was done first has been built out 100% and the owners now want to do the other phases which would include what is called Hughmount North on Exhibit C. Garner Stoll May 11, 2020 Page 2 REASONS TO ANNEX THE ENTIRE SUBJECT PROPERTY: Again, the first phase of Hughmount Village, that is currently 100% developed, has truly been built to the City's standards, as a quick drive through it will show. The Developers, at their cost, also improved the intersection of Hughmount Road and Mount Comfort and improved Hughmount Road to City standards, by adding two feet to each side and paving it. Further, the City issued and the owners paid approximately One Hundred Twenty Thousand Dollars ($120,000) for building and sewer permits. Developers of the existing Hughmount Village also met all other requirements such as but not limited to, planting approximately 333 trees (plus two tree bonds of$138,375 and $48,000), putting in trail sub -structure, dedicating park land, and etc. Regarding Hughmount North, it was to be the next phase and as stated before, was always part of the Hughmount Village Subdivision and was always meant to be serviced with water and sewer and be part of the annexation. As evidence of this you will note that the City has physically built and stubbed out two man holes on Hughmount North, which further shows the City's intent of bringing into the City this subject property including the North. That prior City Council's commitment to annex all of the subject property and the owners' reliance on it far outweigh the issue of creating a peninsula. Also note on Exhibit C about five (5) blocks east, the City already has an existing peninsula (and another one just a block further east) which could over time through future annexations connect to Hughmount North. Further, at the top of Hughmount North is where the City plans to have an east to west street allowing for better traffic flow and less traffic on Mount Comfort Road, which the developer of Hughmount North will keep in mind as he plans the northern boundary. See Exhibit D outlining the City's present and future street plans. Please see Exhibit E that show the existing Clabber Creek Greenway and Trail System and the future trail system that would go into and be part of this annexation thereby allowing the City to achieve its objective of preserving greenways whenever and wherever possible (the Enduring Green Network). The City would also have the following advantages by passing this entire annexation: increased sales tax revenue, increased attainable housing, library millage, impact fees, etc. Note, that if any of this subject property develops under a county standards at some point the City will annex it in, and when that happens, since it is already developed, there would be no collection of impact fees. Further, by annexing now the City can make sure the developments are done up to the City's grading, storm water management, tree preservation, building inspection, energy conversation, quality construction standards, and etc. standards. As noted in Exhibit C the subject property, if rezoned as requested by the owners, would be six (6) different categories: Neighborhood Conservation; there is one area, RSF 1, for the Slape property that is currently in existence; RSF-4; Neighborhood Services along Hughmount Road Garner Stoll May 11, 2020 Page 3 would by definition provide services to the annexed property; and lastly the Residential Agriculture would help the City in their City Plan 2040 goals and Enduring Green Network goals. For all the above reasons the petitioners respectfully request the Planning Department to support this entire annexation and rezoning. If I have misstated anything or if there are any questions please contact me as soon as possible so when we go to the City Council at least from a factual standpoint we are all on the same page. I look forward to working with you as always. Sincerel , Robert K.Rhoads RKR:slt cc: Mayor Kit Williams kwilliams(lfayetteville-ar.Qov Clients 4454861.1:005377:00001 RESOLUTION NO. 17-14 A RESOLUTION TO AMEND RESOLUTION NO. 144-13 WHICH HAD APPROVED AN AMENDED AGREEMENT WITH THE HUGHMOUNT DEVELOPERS TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM IN ORDER TO APPROVE A SECOND AMENDED AGREEMENT WHEREAS, on September 4, 2012, the Fayetteville City Council approved Resolution No. 183- 12 which allowed the Hughmount Village Developers access to the City Sewerage System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required: "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washington County Conditional Use Permit granted to Hughmount Village was incompatible with RSF-4 zoning; and WHEREAS, the streets, drainage, sidewalks, water and sewer mains need be built to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission; and WHEREAS, the developer needs to remove the alleys from his plat in order to sell the affected house lots, and the Washington County Planning Board has approved this new plat entitled Project #2013-155. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 144-13 to cancel the existing Amended Contract To Allow Access To City of Fayetteville Sewerage System which was approved by Resolution NO. 144-13 on June 18, 2013, and replace it with the Second Amended Agreement To Allow Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. Section 2: The City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED this 7" day of January, 2014. Page 2 Resolution No. 17-14 APPROVED: ATTEST: By: A"-'� e. ruvfv SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" SECOND AMENDMENT TO AGREEMENT TO ALLOW ACCESS TO CITY SEWERAGE SYSYTEM AND TO IMPOSE DEVELOPMENT REQUIREMENTS WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any similarly situated development) any advantage over owners/ developers who will build and develop property within the City of Fayetteville; and WHEREAS, on September 4, 2012, the City Council of the City of Fayetteville passed Resolution NO. 183-12 permitting such access, but the terms of the Contract were incompatible with the Conditional Use Permit issued for this development by Washington County so that an Amended Agreement was needed and approved by Resolution NO. 144-13 on June 18, 2013; and WHEREAS, the Developer now needs to remove the alleys from his development to be able to sell his lots and so slightly redesigned his plat which was approved by the Washington County Planning Board which granted a new Conditional Use for Project #2013-155, and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as granted by the Conditional Use Permit approved by the Washington County Planning Board for Project #2013-155. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, the City of Fayetteville Parks Board approved the dedication of 3.169 acres of land within Common Property 9 at their September 10, 2012 meeting. The exact limits of the park land dedication will be located west of the tree preservation area and will be determined at the Final Plat after drainage and utility improvements are constructed. In addition, the Developer shall dedicate a trail easement sufficient to connect from the crosswalk at Common Property 8 at Cotton Willow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure (except alleys which are no longer required to be constructed in Project #2013-155): streets, drainage, sidewalks, water and sewer mains to City of Fayetteville and Washington County standards as previously approved by the Fayetteville Planning Commission on March 25, 2013 (PPL 13-4304) and by the Washington County Planning Board on May 2, 2013 (Project #2013-024) and recently amended by the Washington County Planning Board to Project #2013-155. Water and sewer infrastructure is to be dedicated to the City of Fayetteville, street and drainage infrastructure is to be dedicated to Washington County. HUGHMOUNT VILLAGE OWNERS/DEVELOPERS, in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development, do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE DEVELOPERS/OWNERS By: - O Lx=4 ) Phil Phillips CITY OF FAYETTEVILLE, Attest: 4"�' 4�. Sondra E. Smith, City Clerk Date Signed* / 2 - 2-7l 3 Date Signed: 01-09 -/Z/ `R n U uphI�i may; GAT Y qc�•.G�. "; FAYMEVILLE = •��J,y� �kANSp. J� �. T ON•��i ``�� ►Ouuut,�`� LU a 19 U. cc �4 it A z z m 0 Ox x X CC 0 00 n 2 Z x 2 0 X-g nrya.LL3Ar! 4 S=H0I1r7O1133rOnd �t N35N39klOf b "IIFp F'tMn F E ' IE Eiii�� r lmnowHonH c :ooe6/b I �3itu io3roaa a�ti:i3 W 3 - y IV �� ; i C.A.'#3n,r '�•� x � ;r - ul zt- WN 0 , ♦ A r � t � . � '� �• � ast � �i W 1 G'e. e« x fey v1 w 4 i - � - __-i.. . y� �. ' �� v � ice, ••+ ► L - •r .O ,�. � !may .... • ^akk�r r ' r ■ r K. { {q] CL , Yg �j GREEN NETWORK & TRAILS WfE s i�w CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 2, 2020 ANX-20-6995 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Garner Stoll, Development Services Director DATE: May 29, 2020 CITY COUNCIL MEMO SUBJECT: Anticipated fiscal impact of Hughmount Annexation INTRODUCTION: During the discussion regarding the Hughmount annexation request on May,19, 2020, Council Member Petty inquired about the anticipated revenue this area might generate versus the additional anticipated costs for serving the area. This analysis is sometime called a "fiscal impact" or a "cost/benefit" analysis. The numbers in the attached spreadsheets roughly simulate a one-time look at what a fiscal impact model might produce. Fiscal impact models are dependent not only on the actual numbers but also the underlying assumptions driving the model. Those assumptions are listed as footnotes on the attached spreadsheets. BACKGROUND: The attached spreadsheets were created by our GIS Department and the numbers were generated with the assistance of our Police and Fire Chiefs, Parks and Recreation Department, Engineering Division, and our Economic Vitality Director. As indicated on the spreadsheets, development in Fayetteville generates both one-time revenue and continuing annual revenue. ONE TIME REVENUE: The primary condition of the agreement to provide utility service to the existing Hughmount Village was to pay all fees and meet all conditions as if the development was already part of the incorporated city of Fayetteville. Therefore, the existing 131 homes have already paid fire, police, water, and sewer impact fees. While these fees do not represent revenue dependent on annexation they are relevant to the policy discussion as impact fees are primarily intended to off -set capital costs associated with growth. Fire impact fees already paid $19,800 Police impact fees already paid $21,384 Water and Sewer Impact fees already paid $243,276 Total fees already paid $284,460 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Assuming typical development generated in Fayetteville under the requested zoning districts, the undeveloped portions of the annexation request would generate the following additional one-time revenue: Additional fire Impact fees $28,500 Additional police impact fees $30,780 Additional Water and Sewer impact fees $350,170 Park in -lieu fees $206,910 Total additional one-time impact fees $616,360 Annual Revenue: Additional annual revenue consists of property taxes (real and personal) internet sales taxes, State sales tax turnback revenue, and CDBG Block Grant: Annexed as proposed Build -out Total $64,828 (taxes) $99,393 $164,221 $21,627 (State turnback) $31,023 $52,650 $2,670 (CDBG) $3,830 $6,500 Total revenue: $89,125 $134,246 $223,371 Annual Costs: Annexed as proposed Build -out Total $75,365 $104,281 $179,646 SUMMARY: Without counting additional State and Federal revenue the annual revenue compared to the annual costs anticipates a minor deficit and with counting the state turnback and CDBG funds annual revenue modestly exceeds annual costs. Assuming an increasing percentage of internet sales tax revenue increases rapidly (see attached memo from Devon Howland). This calculation also does not assume any sales taxes from the areas that are proposed to be zoned Neighborhood Services Limited. The other critical policy assumption regards the status of the one-time impact fees. While the intent of impact fees is to require growth to not create capital deficits, in this instance, these create surpluses due to existence of surplus capacity available to serve this area. For example, there is a 40" sewer line with ample existing capacity to serve this area. The Parks Department does not anticipate adding additional parkland and the park fee -in -lieu could be used to upgrade the park facilities and benefit the larger area. Finally, more than 60% of Fayetteville's general fund budget comes from sales tax. The location of households with disposable income within Fayetteville's trade area will generate more sales tax than similar housing located in competing markets such as Farmington, Johnson, Springdale or unincorporated Washington County. LVVAUflLfu[,Tn' 0 0 0 ° From the ARKANSAS MUNICIPAL LEAGUE 2nd d W 40w • P.O. Box30 • North UMe Rods, AR 72115 • (501)374.3484 August 29, 2019 TO: OFFICERS, EXECUTIVE COM-MITTEE, ADVISORY COUNCILS, MAYORS, CITY ADMINISTRATORS, CITY MANAGERS, CITY CLERKS, RECORDERS, TREASURERS AND FINANCE DIRECTORS FROM: MARK R. HAYES, EXECUTIVE DIRECTOR SUBJECT: 2020 BUDGET INFORMATION The new League governing bodies, which were elected at the Convention or appointed by Mayor Harold Perrin, League President, met in Jonesboro last week. Several items considered will affect your budget preparations for 2020. League Service Charge. The Executive Committee retained the current service charge formula. The base charge is $40 plus 35¢ per capita with 7¢ per capita credits, determined on October I', for participation in each of the following programs: Municipal Legal Defense Program Municipal Health Benefit Program Municipal League Workers' Compensation Program Municipal Vehicle Program Municipal Property Program Also continued by the Executive Committee was inclusion of membership in the National League of Cities for all our members. Municipal Legal Defense Program. The Steering Committee and Board of Trustees for the Municipal Legal Defense Program retained the current service charge formula for 2020. The 2020 charges range from S1.25 to $7.00 per capita depending upon your municipality's loss experience. The optional drug and alcohol testing program for non -Commercial Drivers License (CDL) employees will continue to be available and can be implemented by increasing your MLDP charge by 20¢ per capita. This program is underutilized and can save your city or town money and liability. Municipal Health Benefit Program. The Board of Trustees made some minor changes which will be effective January I". The 2020 Bylaws will be accessible online at https://www.artnl.org/services/mhbp/. A Health -Workers' Compensation Seminar will be held in North Little Rock on November 13, 2019. If you are not currently participating in the MHBP and would like to receive a proposal for comparative purposes, please advise. 14 CITY & TOWN Municipal League Workers' Compensation Program. The Board of Trustees adopted the same rates as the Arkansas Workers' Compensation Commission for 2020 with the application of state mandated experience modifications (NCCI). They approved a 2% front-end discount for participating members with a cumulative loss ratio of 100% or less. They also approved a 1% discount for reporting estimated payroll timely. A Health -Workers' Compensation Seminar will be held on November 13, 2019 in North Little Rock. Municipal Vehicle Program. The Committee and Board of Trustees for the Municipal Vehicle Program approved amendments to the Program Bylaws and retained the current rates for 2020. The updated Bylaws will be accessible online at https://www.annl.org/services/benefit-programs/. Municipal Property Program. The Committee and Board of Trustees for the Municipal Property Program approved amendments to the Program Bylaws. The Committee also approved a 5% increase in rates effective 12-1-19 and optional deductible buy -downs for entities in Class 1 and Class 2. The updated Bylaws will be accessible online at https://www.arml.org/services/benefit-programs/. Turnback Estimates. Estimates for general tmback are as follows. The street turnback estimate includes proceeds from the highway 'h cent sales tax' and the severance tax. Street Turnback General Tumback Total Turnback $65.50 per capita 15.50 per capita $81.00 per capita 2020 (same as 2019) $65.50 per capita 15.50 per capita $81.00 per capita APERS. For those municipalities participating in the Arkansas Public Employees Retirement System (APERS), the employer contribution will remain at 15.32% for 2020 and the employee rate will stay at 5%. We hope this information will be of assistance to you as you begin your budget preparations for 2020. ' Please recall this''/z cent sales tax is finite and will no longer be collected as of June 1, 2023. A replacement ''/z cent will be on the general election ballot in November 2020. Without the passage of the new''/z cent your street funding will dramatically plummet. (GREAT CHTHIE3 MAKIE A GREAT OTATIE SEPTEMBER 2019 15 Already Paid Annexed as Proposed Park Fees In -Lieu **1 0 0- Fire Impact Fees **2 $19,800 0 Police Impact Fees **3 $21,384 0 Water & Sewer Impact Fees **4 $243,276 0 **1 The existing Hughmount Village subdivision has already dedicated sufficient parkland, therefore all additional dev( **2 The existing development has already paid impact fees for fire protection, therefore all additional development is e **3 The existing development has already paid impact fees for police protection, therefore all additional development is **4 The existing development has already paid impact fees for water and sewer service, therefore all additional develol Added By Projected Buildout Total After Buildout $206,910 $206,910 $28,500 $28,500 $30,780 $30,780 $350,170 $350,170 alopment is expected to generate fees in -lieu at $1,089 per single family household xpected to generate fees in the amount of $150 per single family household (per Municode chapter 159.04) s expected to generate fees in the amount of $162 oer single family household (per Municode chapter 159.03) oment is expected to generate fees in the amount of $1,843 per single family household (per City of Fayetteville Water & Sewer De Fire Protection **1 Police Protection **2 Park Maintenance **3 Street Maintenance **4 **1 Estimates per Fayetteville Fire Department **2 Estimates per Fayetteville Police Department **3 Estimates per Fayetteville Parks and Recreation Department **4 Estimates per Per Fayetteville Engineering Division Annexed as Proposed Added By Projected Buildout $439 $5,OSO $32,926 $47,231 $8,000 $0 $34,000 $S2,000 Total After Buildout $S,489 $80,157 $ 8, 000 $86,000 CITY OF FAYETTEVILLE %PF ARKANSAS TO: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CC: Chung Tan, Business Development Manager FROM: Devin Howland, Director of Economic Vitality DATE: May 27, 2020 SUBJECT: March 2020 Sales Tax Analysis Report STAFF MEMO DISCUSSION: Taxable sales totaled 192,834,866 for the month of March (up'/2 of a percent). Rebates did return in the education sector for the first time in several months (-$2.3 million worth). Retail trade witnessed the only notable growth, up 8% or an increase of $8.8 million in sales. Retail sales totaled $115 million. Retail trades growth stemmed from grocery stores (up 22% for an increase of $2.1 million in sales) and online shopping (up 132% for an increase of $4.7M- the largest increase in this category we have seen) and General Merchandise stores such as Wal-Mart (up 22% or $7.5 million in sales). INTERNET SALES TAX: Without internet sales, the City would have been down 2.1 % overall. Internet sales totaled $8.4 million: Online Shopping Mar-19 Mar-20 % Change lValue Change Online Shopping 1 $3,624,759.00 1 $8,421,388.00 132% 1 $4,796,629.00 ACCOMODATION AND FOOD: As expected, this sector was hit extremely hard in March. Overall, accommodation and food took a loss of 26% in sales, down $7.8 million compared to March in 2019. Hotels witnessed the largest percentage impact, down 56% or a decrease of $2.8 million in sales. Restaurants and drinking establishments were also hit hard. RETAIL TRADE: Department stores were down 70% for a reduction of $3.2 million in sales. Grocery stores were up 22% for an increase of $2.1 million in sales. General Merchandise stores such as Wal-Mart and Target were up 22% as well, for an increase of $7.5 million. General merchandise totaled $41.5 million in sales (nearly meeting December sales levels for this sector. All non -essential shopping was impacted A line by line review of the charts below reveals even more insights. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 TOTAL NAICS SALES Mar-19 Mar-20 % Change 192,051,162 192,834,866 0.4% 11- Agriculture, Forestry, Fishing and Hunting 190,943 245,228 28% 22-Utilities 8,971,300 7,926,050 -12% 23 - Construction -1,232,329 917,061 -174% 31-Manufacturing 8,132,792 7,825,412 -4% 42 - Wholesale Trade 12,858,603 14,136,379 10% 44- Retail Trade 107,081,956 115,973,782 8% 48- Transportation and Warehousing 276,359 -154,735 -156% 51- Information 7,341,067 6,324,724 -14% 52- Finance and Insurance 158,113 225,117 42% 53 - Real Estate and Rental and Leasing 4,463,088 3,894,204 -13% 54- Professional, Scientific, and Technical Services 1,067,025 890,257 -17% 56 - Administrative, Support, Waste Management, and Remediation Servic 3,511,908 $4,285,153 22% 61- Educational Services -1,047,800 -2,257,702 115% 62 - Health Care and Social Assistance -413,575 243,272 -159% 71- Arts, Entertainment, and Recreation 1,488,231 1,289,363 -13% 72 - Accommodation and Food Services 30,669,011 22,812,240 -26% 81- Other Services (except Public Administration) 6,159,718 6,954,321 13% 92- Public Administration -123,057 21- Mining and Gas Extraction 99-Other 2,370,297 1,421,350 -40% Accomodation and Food (72) Mar-19 Mar-20 % Change 72 - Accommodation and Food Services $30,669,011 $22,812,240 -26% 7211- Traveler Accommodation (USA/CAN/MEX) $5,023,838 $2,206,774 -56% 7221- Full -Service Restaurants $14,881,580 $11,154,219 -25% 7222 - Limited -Service Eating Places $3,241,704 $2,083,179 -36% 7223 - Special Food Services (USA/CAN/MEX) $1,119,362 $744,579 -33% 7224- Drinking Places (Alcoholic Beverages) (USA/CAN/MEX) $791,556 $697,315 -12% 7225 - Restaurants and Other Eating Places (USA/CAN/MEX) $5,610,971 $5,926,176 6% Mar-19 Mar-20 % Change Retail Trade $107,081,956 $115,973,782 8% Automobile Dealers $1,944,102 $2,298,929 18% Automotive Parts; Accessories; and Tire Stores $2,656,567 $2,388,510 -10•/0 Beer; Wine; and Liquor Stores $2,353,473 $2,705,351 15% Book Stores and News Dealers $137,738 $353,087 156% Building Material and Supplies Dealers $13,748,258 $14,941,551 9% Clothing Stores $6,542,679 $3,667,957 -44% Department Stores $4,683,197 $1,422,400 -70% Direct Selling Establishments $505,500 $401,765 -21% Electronic Shopping and Mail -Order Houses $3,624,759 $8,421,388 132% Electronics and Appliance Stores $7,130,508 $6,085,302 -15% Florists $204,553 $180,033 -12% Furniture Stores $1,233,394 $1,625,847 32% Gasoline Stations $1,403,850 $1,506,750 7% Grocery Stores $9,420,777 $11,505,778 22% Health and Personal Care Stores $3,180,388 $2,917,366 -8% Home Furnishings Stores $1,886,689 $1,906,418 1% Jewelry; Luggage; and Leather Goods Stores $638,942 $426,312 -33% Lawn and Garden Equipment and Supplies Stores $131,702 $206,389 57% Office Supplies; Stationery; and Gift Stores $1,695,465 $1,155,431 -32% Other General Merchandise Stores $33,949,224 $41,507,947 22% Other Miscellaneous Store Retailers $2,223,238 $3,874,150 74% Other Motor Vehicle Dealers $109,432 $136,027 24% Shoe Stores $1,882,314 $1,003,144 -47% Specialty Food Stores $852,996 $902,918 6% Sporting Goods; Hobby; and Musical Instrument Stores $4,344,316 $3,886,208 -11% Used Merchandise Stores $588,932 $534,029 -9% Vending Machine Operators $8,968 $12,800 43% L. INTERNET SALES Already Paid Annexed as Proposed Estimated Annual Benefits $64,828 Estimated Annual Costs $75,365 Annual Benefit/Cost Ratio n, In Estimated One -Time Benefits $284.460 $0 **1 Assuming that all undeveloped land is developed in a similar fassion to the existing Hughmount Village Subdivision Added By Projected Buildout --, $99,393 $104,281 Total After Buildout $164,221 $179,646 $266,190 $266,190 Estimated Population **1 Estimated Households **> Real and Personal Property Tax Revenue **2 Internet Sales Tax Revenue **a **1 Estimated population = Residential Addresses x 2.02 (per occupied resi **2 The total estimated property tax revenue to the city from the annexation For parcels with the homestead credit applied: ((Total Assessed Value * 0.2) - 375 + (Personal Property* 0.2)) * ((6.8 + ME For parcels without the homestead credit applied: ((Total Assessed Value+ Personal Property) * 0.2) . (6.8 + 0.88) / 1000 The 6.8 constant used represents the city property tax millage. The 0.88 constant used represents the city road property tax millage. The 375 is the homestead credit. The 0.2 is the 20% of the assessed value on which taxes are paid. **3 Assuming $3,000 in taxable internet sales for each household each year Annexed as Proposed Added By Projected Buildout 267 383 132 190 $56,908 $87,993 $7,920 $11,400 dence-Census) is estimated to be $56,480.19, as determined by the following formulas for the parcels to be annexed: 3) / 1000) per City of Fayetteville Economic Vitality Director; the city captures 2% of these sales in tax revenue Total After Buildout 650 322 $144, 901 $19,320 Fire Protection **1 Police Protection **2 Park Maintenance **3 Street Maintenance **4 **1 Estimates per Fayetteville Fire Department **2 Estimates per Fayetteville Police Department **3 Estimates per Fayetteville Parks and Recreation Department **4 Estimates per Per Fayetteville Engineering Division Annexed as Proposed Added By Projected Buildout $439 $5,050 $32,926 $47,231 $8,000 $0 $34,000 $52,000 Total After Buildout $5,489 $80,157 $8,000 $86,000 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTOR\ FY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant Ciiv Attorney Jodi Batker Paralegal CC: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Kit Williams, City Attorney DATE: June 3, 2020 RE: Can a City choose to annex only a portion of the territory within the County Judge's "Order granting the petition and annexing the territory?" I am now confronted with an issue about an annexation that I have never heard about before, nor which I can find an Arkansas Supreme Court decision or Arkansas Attorney General Opinion discussing. Fayetteville's Planning Department would appear to prefer granting annexation of only a portion of the property in annexation petition granted by the Washington County Judge. Planning has pointed out that the northernmost portion of the land proposed to be annexed by its owners forms a type of peninsula that is not generally desired. Regardless of any policy concerns or arguments, the question is: Can the City Council legally amend the annexation ordinance to exclude the "northern peninsula" and grant annexation to the remainder? My first inclination would be to say "Yes." The City Council has tremendous discretion whether or not to agree to a voluntary, owner -requested annexation approved by the County Judge. Why should this discretion not extend to accepting only what the City desires, but not a portion of what has been offered that we do not want? This issue is also not directly answered by the statutes. However, there are several parts of these annexation statutes that point to the lack of this discretionary authority. Right at the start of the Annexation, Consolidation and Detachment By Municipalities Chapter, the Legislature states: "Before an entity undertakes an annexation..., the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant annexation...." A.C.A. §14-40-101 (emphasis added). If the City Council attempts to change the territory to be annexed after it has already been approved by the County Judge, we certainly would not be in compliance with the "before" requirement. Then when we look at the Subchapter 6 - Annexation Proceedings By Adjoining Landowners which is how this annexation petition and ordinance is being presented to you, we see in A.C.A. §14-40-603 Order for annexation the following: "(I)f the court shall be satisfied that the limits of the territory to be annexed have been accurately described and an accurate map thereof made and filed, and that the prayer of the petitioner is right and proper, then the court shall enter its order granting the petition and annexing the territory." (emphasis added) Then in A.C.A. §14-40-609 Annexation by 100% petition - Definition, that after the County Judge was granted the landowners' petition, the Judge will "forward the petition and order to the contiguous city..." The statute then makes it clear what the city can then do. "By ordinance or resolution, the city or town may grant the petition and accept the property for annexation to the city or town. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed. (2) The ordinance or resolution shall contain an accurate description of the property to be annexed." (emphasis added). The statutes' many references to "the property" as opposed to "a portion of the property" or "property agreeable to the City Council", etc. appear to me to refer to the exact property originally requested for annexation by it owners and granted for annexation by the County Judge, The City Council has great discretion to decide whether or not Council Members believe it is in the best interest of Fayetteville to annex the proposed property. However, my legal advice is that this must be an all or nothing decision. The City Council may not opt to annex only a portion of the property granted annexation rights by the County Judge and petitioned by its owners. z CityClerk From: Sent: To: Cc: Subject: Good afternoon, CityClerk Tuesday, June 2, 2020 2:57 PM bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville- ar.gov; citycouncil@matthewpetty.org; geads@fayetteville-ar.gov; groberts@fayetteville-ar.gov;jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov; krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov; Ijordan@fayetteville-ar.gov; Mathis, Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov; snorton@fayetteville-ar.gov; Thurber, Lisa; wardl_posl@fayetteville-ar.gov; wardl_pos2 @fayetteville-ar.gov; ward2_posl @fayetteville-ar.gov; ward3_posl @fayetteville-ar.gov; ward3_pos2@fayetteville-ar.gov; ward4_posl@fayetteville-ar.gov; ward4_pos2 @fayetteville-ar.gov Stoll, Garner; Curth, Jonathan FW: Concern with Hughmount Area Annexation Request Please see the public comment below that I received today. This is in regards to the Hughmount items at Council tonight. I have responded to the resident but it is my understanding that the Clerk's Office will distribute the item to Council and/or Garner will verbalize the concerns during staff's presentation. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@favetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Albert Cheng [mailto:albert.acl@gmail.com] Sent: Tuesday, June 02, 2020 10:42 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: Concern with Hughmount Area Annexation Request CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jonathan, My name is Albert Cheng and I'm a resident in Hughmount Village. A neighbor directed me to you to submit input on the request to annex the area around Hughmount Road as the City Council hears the proposal. You have perhaps already heard this concern, but I would like to go on record as well. I'm mostly concerned whether our current road infrastructure can support a lot more residents. I'm happy to welcome more folks into the neighborhood, but I worry about the impact of increasing traffic. In particular, the intersection where Hughmount Road meets Mt. Comfort/Wheeler Road already has a dangerous bend. I understand that some improvements have been made there but I am unsure if they are sufficient to accommodate a lot more development at the moment. It seems much more needs to be done or at least considered -- not just at that intersection but all around -- before moving forward. Thanks for listening and for your service, Albert Paxton, Kara From: Williams, Kit Sent: Thursday, June 25, 2020 3:43 PM To: Curth, Jonathan; Resz, Gregory; Paxton, Kara Cc: Jorgensen, Todd Subject: RE: Hughmount Annexation Kara should substitute this new correct version for the older slightly incorrect description. From: Curth, Jonathan Sent: Thursday, June 25, 2020 2:56 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Cc: Jorgensen, Todd <tjorgensen@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit, Correct. This is the legal description that Greg indicated to Planning staff ought to have been used. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth(@favetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2:48 PM To: Curth, Jonathan <icurth@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Jonathan, I assume you took this from the tiny font on the plat. This is the correct legal description? If so, this should be all we need. Kit From: Curth, Jonathan Sent: Thursday, June 25, 2020 2:43 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit, Keith warned me that it was not attached, but it appeared to send, apologies. Here is my second attempt. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2:42 PM To: Resz, Gregory <gresz@fayetteville-ar.gov>; Curth, Jonathan <icurth@favetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kara, I did not receive Jonathan Curth's attachment. Did you? From: Resz, Gregory Sent: Thursday, June 25, 2020 2:31 PM To: Curth, Jonathan <icurth@favetteville-ar.gov>; Williams, Kit <kwilliams@favetteville-ar.gov>; Paxton, Kara <kaPaxton @fayetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov>; Jorgensen, Todd <tiorgensen@fayetteville-ar.gov> Subject: RE: Hughmount Annexation All, I am going to be out this afternoon through July 6. If you need anything further from GIS on this, please contact Todd Jorgensen and he will help any way he can. Greg Resz, GISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 gresz@fayetteville-a r.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF IVA FAYETTEVILLE ARKANSAS From: Curth, Jonathan <icurth@fayetteville-ar.gov> Sent: Thursday, June 25, 2020 12:29 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Cc: Macedo, Keith <kmacedo@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit and Kara, Will the attached suffice? Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 11:26 AM To: Resz, Gregory <gresz@favetteville-ar.gov> Cc: Curth, Jonathan <icurth@fayetteville-ar.gov>; Macedo, Keith <kmacedo@favetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Thanks Greg. I have asked the City Clerk to wait until you could get her the correct legal description before filing this with the County and State. Can you please give us a copy of the legal description on one 8 by 11.5 page that is readable and can be filed as an exhibit to the annexation ordinance? Kit From: Resz, Gregory Sent: Thursday, June 25, 2020 11:17 AM To: Williams, Kit <kwilliams@favetteville-ar.gov> Cc: Curth, Jonathan <icurth@favetteville-ar.gov>; Macedo, Keith <kmacedo@favetteville-ar.gov> Subject: FW: Hughmount Annexation Kit, I believe that I have found a scrivener's error in the Hughmount annexation. Please find attached a PDF showing the boundary survey done by Jorgensen & Associates that was intended to be part of the ordinance. Without this document, the property descriptions depict a hodge-podge of gaps, overlaps, and inconsistencies in our new City limits. Thank you. Greg Resz, GISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 gresz@fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS NORTHWEST ARKANsAs Democrat flwnwm� P.C. BCX 1607.=AYETTEVILLE. AP. 72702. 479-442-170p . FAX :79-595-11'8 • Fr; 14:14'Uu�G.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6317 Was inserted in the Regular Edition on: June 14, 2020 Publication Charges: $133.76 Brittany Smith Subscribed and worn to before me This /7 day of 111- , 2020. (441,v - Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. CATHERtNE STAG402772 TMV :f MYCIRMSFebruaN2,2025 1. EXP Washington County Ordinance: 6317 File Number: 2020-0263 APPEAL: ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX): AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20- 6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT WHEREAS, the annexation petitioner has properly secured the Washington County Judge's authorization to annex 152.00 acres located along Hughmount Road North of Mount Comfort into the City of Fayetteville; and WHEREAS, the City Council passed Resolution 183-12 on September 4, 2012 to allow the extension of the city's sewerage system beyond the city limits to the Hughmount Village Development; and WHEREAS, the contract associated with Resolution 183-12 required the developers/owners of Hughmount Village to "pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible." 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 confines the annexation to the City of Fayetteville, Arkansas of about 152.00 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 Fayetteville, Arkansas hereby assigns this 152.00 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 6/4/2020 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75283275 June 14,2020 ANX 20-6995 Order of Annexation�- 2019 SEP 27 AM 9: 25 }tr !r IN THE COUNTY COURT OF WASHINGTON C00"I'Y; A16 tsW s` IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTALti CONTIGUOUS LAND TO THE CITY OF FAYETTEVILLE, ARKANSAS CC 2019-14 ORDER OF ANNEXATION NOW on this 26" day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in "Exhibit A" attached hereto and incorporated by reference. From the evidence presented by the Petitioner through its attorney, Robert K. Rhoads, the Court finds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required by law. 2. All the lands proposed to be annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. 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 Petitioner is right and proper. 4. The Petitioner has satisfied the requirement for signatures under A.C.A. § 14-40-601 by presenting the Court with 89 signatures out of the 138 real estate owners within the land proposed to be annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 14-40-601. 5. This Court therefore determines that an Order of Annexation is proper. IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas, subject to the approval of the City Council of the City of Fayetteville, Arkansas. IT IS SO ORDERED. F , HON BL - JOSEi H lK. OOD COUJ3 JUDGE f Prepared by: / Brian R. Lester Washington County Attorney 280 North College Ave., Suite 500 Fayetteville, AR 72701 t/(479) 973-8415 f/(479) 444-1889 blester@co.washington.ar.us Parcel001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part of the NE'/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point 528.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00" E,1316.81 feet; thence N 00 degrees 22'00" E 495.00 feet to the Point of Beginning, containing 14.98 acres, more or less. Parcel001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 7 A part of the E % of the SW Y4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE Y4 of the SW Y4 of Section 31, T-17-N, R-30-W; thence S 03 degrees 06'20" W, 1022.25 feet to a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to a set iron pin; thence N 02 degrees 52'05" W (E),170.4.1 feet to a set iron pin; thence (S) 87 degrees 30'29" E, 326.20 feet to a set iron pin; thence N 02 degrees 52'05" E,159.53 feet to a set iron pin, thence S 87 degrees 30'29" E, 988.98 feet to the Point of Beginning, containing 8.76 acres, more or less. Parcel001-16808-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72704 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to - wit: From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feet from the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North of Range3l West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the West line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 EXHIBIT West; thence North along the West line of said 40 acre tract to the Northwest corner thereof; thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001.16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A part of the fractional Northwest Quarter (NW 1/4) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S Yz) of Section 31, Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 'A) of the fractional Northwest Quarter (NW 3/4) of said Section 1, Township 16 North, Range 31 West; thence N 37 degrees 58'10" E, 289.73 feet; thence N 45 degrees 41'55' E, 70.6 feet; thence N 55 degrees 12'38" E, 67.83 feet; thence N 13 degrees 41'18" E 86.91 feet; thence N 69 degrees 48'24' E,140.86 feet; thence S 1 degree 40'08" W, 354.75 feet; thence S 77 degrees 27'11' W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16907-002 & 001-16807-OC3 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SW Y4 of the SK' 1/4 of Section 31, T-17-N, R-30-W; Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which Is S 00 degrees 10 minutes 42 seconds W,1854.85 feet from the NE corner of the SE 3/4 of Section 36, T-17-19, R-31-W, Washington County, Arkansas, and running thence S 89 degrees 53 minutes 56 seconds E, 1283.73 feet,, thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; thence N 89 degrees 57 minutes 37 seconds W, 1285.37 feet; thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos. 256-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots CP1 through CP9, inclusive, of Hughmount Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Ofiicio Recorder of Washington County, Arkansas. Parcel 001-16799-000 Hughmount Village, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W % of the SW % of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin at the NW corner of the SW 3/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, thence North 02045'51' East-1,317.63 feet. thence North 02025'S8" - 37.66 feet to the Point of Beginning of adjusted Tract B, thence North 02'25'58" East 1266.65 feet; thence South 87124'26" East 659.72 feet, thence South 02'22'02" West 658.76 feet, thence South 02'33'39" West - 658.76, thence North 871134'04" West 138.59 feet, thence North 02°36'40- East 40.32 feet. thence North 87034'04" West 349.42 feet, thence North 02'36'40" East 12.40 feet, thence North 87'34'04" West 171.15 feetto the Point of Beginning of Adjusted Tract B, containing 19.44 acres, more or less. Parcel 001-16794-001 Michael L. Slape 2634 N. Hughmount Road Fayetteville, AR 72704 WD 2007-20755 A part of the E % of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin for the NE corner of the NE 1/4 of the SW 1/4 of said Section 31, T-17-N, R-30-W; thence S 03106'20" W,1022.25 feet to a found iron pin; thence N 87'30'29" W, 988.98 feet to a set iron pin for the point of beginning; thence S 02052'05" W,159.53 feet to a set iron pin; thence N 87030'29' W, 326.20 feetto a set iron pin; thence N 02°52'05"E,159.53 feet to a set iron pin; thence S 87030'29' E, 326,20 feet to the point of beginning, containing 1.19 acres, more or less. gRKAN;t+" County: Washington Arkansas Secretary of State John Thurston Arkansas SecretarN of State, 500 Noodlane .%%e, Little Rock, AR 72201-109.1 Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 City/Town: Fayetteville City Ordinance/Resolution No: 6317 Date approved. June 4, 2020 County Court Case No: 2019-14 Date Order Filed: August 8, 2019 Type: Annexation by Petition Majority of Landowners A.C.A. 14-40-602 Date Change Effective: July 6, 2020 Set by: ()Municipal Ordinance O Emergency Clause OCourt 0Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: QUpheldo Overturned Other (attach explanation Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.C.A § 14-40-203) Initiating party: C)AII Landowners p Majority Landowners Municipal Governing Body ()State 00ther Supporting Documentation attached (check all that apply): a✓ File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required except for. I.C.A. §14-40-501) �✓ Copy of Arkansas GIS approved printed map and certification letter (required) ✓0 Proof of Publication for all Legal Notices (include Hearing, Election, and City Ordinance/Resolution notices) ❑ File marked copy of Petition Part (if applicable) File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: Kara Paxton Title: City Clerk Street Address: 113 West Mountain Street City: Fayetteville 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 a 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 Parcel 001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part of the NE 1/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point 528.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00" E, 1316.81 feet; thence N 00 degrees 22'00" E 495.00 feet to the Point of Beginning, containing 14.98 acres, more or less. Parcel 001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 7 A part of the E 1/2 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE 1/4 of the SW 1/4 of Section 31, T-17-N, R-30-W; thence S 03 degrees 06'20" W, 1022.25 feet to a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to a set iron pin; thence N 02 degrees 52'05" W (E), 170.41 feet to a set iron pin; thence (S) 87 degrees 30'29" E, 326.20 feet to a set iron pin; thence N 02 degrees 52'05" E, 159.53 feet to a set iron pin, thence S 87 degrees 30'29" E, 988.98 feet to the Point of Beginning, containing 8.76 acres, more or less. Parcel 001-16808-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72704 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to - wit: From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feet from the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North of Range3l West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the West line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 EXHIBIT a West; thence North along the West line of said 40 acre tract to the Northwest corner thereof; thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001-16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A part of the fractional Northwest Quarter (NW 1/4) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S 1/2) of Section 31, Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 1/4) of the fractional Northwest Quarter (NW 1/4) of said Section 1, Township 16 North, Range 31 West; thence N 37 degrees 58'10" E, 289.73 feet; thence N 45 degrees 41'55" E, 70.6 feet; thence N 55 degrees 12'38" E, 67.83 feet; thence N 13 degrees 41'18" E 86.91 feet; thence N 69 degrees 48'24" E, 140.86 feet; thence S 1 degree 40'08" W, 354.75 feet; thence S 77 degrees 27'11" W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16807-002 & 001-16807-003 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SW % of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is S 00 degrees 10 minutes 42 seconds W, 1854.85 feet from the NE corner of the SE % of Section 36, T-17-N, R-31-W, Washington County, Arkansas, and running thence S 89 degrees 53 minutes 56 seconds E, 1233.73 feet; thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; thence N 89 degrees 57 minutes 37 seconds W, 1285.37 feet; thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos. 256-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots CP1 through CP9, inclusive, of Hughmount Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel 001-16799-000 Hughmount Village, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W 1/2 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin at the NW corner of the SW 1/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, thence North 02'45'51" East - 1,317.63 feet, thence North 02°25'58" - 37.66 feet to the Point of Beginning of adjusted Tract B, thence North 02°25'58" East 1266.65 feet; thence South 87024'26" East 659.72 feet, thence South 02°22'02" West 658.76 feet, thence South 02°33'39" West - 658.76, thence North 87034'04" West 138.59 feet, thence North 02°36'40" East 40.32 feet, thence North 87034'04" West 349.42 feet, thence North 02°36'40" East 12.40 feet, thence North 87°34'04" West 171.15 feet to the Point of Beginning of Adjusted Tract B, containing 19.44 acres, more or less. Parcel 001-16794-001 Michael L. Slape 2634 N. Hughmount Road Fayetteville, AR 72704 WD 2007-20755 A part of the E 1/2 of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin for the NE corner of the NE 1/4 of the SW 1/4 of said Section 31, T-17-N, R-30-W; thence S 03°06'20" W,1022.25 feet to a found iron pin; thence N 87°30'29" W, 988.98 feet to a set iron pin for the point of beginning; thence S 02°52'05" W, 159.53 feet to a set iron pin; thence N 87°30'29" W, 326.20 feet to a set iron pin; thence N 02°52'05"E, 159.53 feet to a set iron pin; thence S 87°30'29" E, 326.20 feet to the point of beginning, containing 1.19 acres, more or less. ,JOHN THURSTON ARKANSAS SECRETARY OF STATE October 27, 2020 The Hon. Becky Lewallen Washington County Clerk 280 N. College Ave Fayetteville, AR 72701 Re: City of Fayetteville Annexation Ordinance 6317 Dear Ms. Lewallen, This letter acknowledges receipt and filing of the following notice of municipal boundary change by the Office of the Arkansas Secretary of State: Filing Type: Annexation pursuant to A:C.A 414-40-602 (petition of majority of landowners) Effective Date: 7/6/2020 County: Washington City: Fayetteville City Ordinance: 6317 Dated 6/4/2020 County Court Order: 2019-14 Date Filed: 9/27/2019 A file marked copy of the ordinance, court order and exhibits submitted to our Office are enclosed. By copy of this letter (and its enclosures), the Secretary of State hereby notifies the appropriate mapping authorities for Arkansas. Please retain these copies as official record of the filing of the municipal change by the Arkansas Secretary of State. If you have any questions or concerns regarding this filing, please do not hesitate to contact our Office at 501-683-3717. Sincerely, NantAiUawW� Elections Division cc: Arkansas Geographic Information Systems Office (w/encl) Arkansas Department of Transportation Mapping Department (w/encl) Department of Finance and Administration (w/encl) Arkansas Public Service Commission (w/encl) Arkansas Economic Development Institute (w/encl) The Hon. Lioneld Jordan, Mayor of Fayetteville (Wend) The Hon. Kara Paxton, Fayetteville City Clerk/freasurer (w/encl) State Capitol • Suite 256.500 Woodlane Street • Little Rock, Arkansas 72201.1094 501-682-1010 • Fax 501-662-3510 e-mail: usos@sos.arkansas.gov • www.sos.arkansas.gov Arkansas Secretary of State John i hurston Arkansas Secretary of State, 500 Waodlane Ave, Little Rock, AR 72201-1094 'tRKANtiPt' Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 County: Washington City/Town: Fayetteville City Ordinance/Resolution No:6317 Date approved: June 4, 2020 County Court Case No:2019-14 Date Order Filed: Avgast "e+9- 91971 /q tS n Type: Annexation by Petition Majority of Landowners A.C.A. 14-40-602 L}�l1oiQv�U Date Change Effective: July 6, 2020 Set by: OMunicipal Ordinance 0 Emergency Clause OCourt 0Default (Required by Act 655 cf 2017) For Circuit Court Challenge: Date Order Filed:()Upheld0Overturned 0Other (attach exp/anotion Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.CA § 14-40-203) Initiating party: 0All Landowners 0Majority Landowners Municipal Governing Body oState 00ther Supporting Documentation attached (check all that apply): Q✓ File marked copy of City Ordinance/Resolution (required) Q✓ File marked copy of County Court Order or certified annexation election results (required except for.4.C.A. §14-40-501) ❑✓ Copy of Arkansas GIS approved printed map and certification letter (required) ❑✓ Proof of Publication for all Legal Notices (include Hearing, Election, and City ordinance/Resolution notices) File marked copy of Petition Part (f applicable) File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: Kara Paxton Title: City Clerk Street Address: 113 West Mountain Street ri,,,. Fayetteville qt. AR 71 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 byAct 655 of 2017 CountyOff)kal: C Signature. ( A, (k1li .I U Title:'LL.1 iekU,, 0 OJJ& %2 Date: '��j Pursuant to Act 655 of 2017, County Officials must submit a file -marked copy of municipal boundary changeifipcur is yflthm O days of • to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Waodlane Ave SuRe 256 e Ro AR 2 01�994 1 Office of the Arkansas Secretary of State use OCT 2 7 2020 Arkansas Received by: $eeretary of 5k#19 ALFD 1019 SEP 27 AN 9: 25 Cif', LE11" LLEN CO. & PROBATE CLERK WASHINGTON CO. AR IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN CONTIGUOUS LAND TO THE CITY OF FAYE,TTEVILLE, ARKANSAS CC 2019-14 ORDER OF ANNEXATION NOW on this 26a` day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in "Exhibit A" attached hereto and incorporated by reference. From the evidence presented by the Petitioner through its attorney, Robert K- Rhoads, the Court finds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required by law. 2. All the lands proposed to be annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. 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 Petitioner is right and proper. 4. The Petitioner has satisfied the requirement for signatures under A.C.A. § 14-40-601 by presenting the Court with 89 signatures out of the 138 real estate owners within the land proposed to be annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 1440-601. 5. This Court therefore determines that an Order of Annexation is proper. -Aq _q IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas, subject to the approval of the City Council of the City of Fayetteville, Arkansas. IT IS SO ORDERED. Prepared by: Brian R. Lester Washington County Attorney 280 North College Ave., Suite 500 Fayetteville, AR 72701 U(479) 973-8415 V(479)444-1889 blester@co.washington.ar.us R V K. ANx 20-6995 Order of 17t( -; Annexation 2019 SEP 27 AM 9: 25 'r-" ; E C!_EP: IN THE COUNTY COURT OF WASHINGTON COL1Wft;' IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN CONTIGUOUS LAND TO THE CITY OF FAYETTEvnLE, ARKANSAS CC 2019-14 ORDER OF ANNEXATION NOW on this 2P day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in "Exhibit A" attached hereto and incorporated by reference. , From the evidence presented by the Petitioner through its attorney, Robert K, Rhoads, the CourtEnds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required bylaw. 2. All the lands proposed to be. annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. 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 Petitioner is right and proper. 4, The Petitioner has satisfied the requirement for signatures under A.C.A. § 14-40-601 by presenting the Court with 89 signatures out of the 138 real estate owners within the land proposed to be annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 1440-601. 5. This Court therefore determines that an Order of Annexation is proper. IT IS THEREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas,, subject to the approval of the City Council of the City of Fayetteville, Arkansas. IT IS SO ORDERED. r JUDGE Prepared by Brian R. Lester Washington County Attorney 280 North College Ave, Suite 500 . Fayetteville, AR 72701 t/(479) 973-9415 V(479) 444-1889 blester&o.washington.ar.us ANX 20-6995 Order of - Annexation 2019 SEP 27 AM 9f 25 ... >r Qi::>tf - !.:I_Ei,"- IN THE COUNTY COURT OF WASIIItiGTON COT1v`7l IW1Z1 Nsl A54-1� IN THE 11fATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN CONTIGUOUS LAND TO THE CITY OF FAYETTEVILLE, ARKANSAS CC 201944 ORDER OF ANNEXATION NOW on this 261 day of September, 2019, comes on for consideration before this Court, the matter of annexation of certain contiguous lands to the city of Fayetteville, Arkansas. Said land is described in'Txhibit A" attached hereto and incorporated by reference. From the evidence presented by the Petitioner through its attorney, Robert K. Rhoads, the Court finds as follows: 1. The Petitioner has petitioned this Court to annex the above described property into the City of Fayetteville, Washington County, Arkansas, and have published notice of this hearing as required bylaw. 2. All the lands proposed to be annexed into Fayetteville, Washington County, Arkansas, are contiguous to property already situated in Fayetteville, Washington County, Arkansas. 3. 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 Petitioner is right and proper. 4. The PeGfidiier has satisSed the regriirement for signatures)miler A.C.A §1¢4¢¢gf jzK presenting the Court with 89 signatures out of the 138 real estate owners within the land proposed to be annexed. The 89 signatures constitutes a majority of the real estate owners, as required by A.C.A. § 14-40-601, 5. This Court therefore determines that an Order of Annexation is proper. Planning Commissic February 24.202 Agenda Item 20-6995(Hughmount Anna Page 14 of. IT IS TI3EREFORE, CONSIDERED, ORDERED AND DECREED that the above described tracts of land be, and hereby are, annexed to and made part of the City of Fayetteville, Washington County, Arkansas, subject to the approval of the City Council of the City of Fayetteville, Arkansas. f j IT IS 50 ORDERED. i HONOR /lBL.70SE H FOOD COU f I -=GE ` Prepared by: Brian R Lester Washington CountyAttprney 280 North College Ave., Suite 500 Fayette'n71e, AR 72701 tl(479) 973-8415 f/(479) 444-1889 blester&o.washington.ar.as Flaming Commission February 24, 2020 Agenda Item 8 2"995 (Hughmount Annex) Parcel001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part of the NE'/4 of the SW'/4 of Section 31, T-17-N, R-30-W. Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning ata point 528.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees.45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00" E,1316.81 feetthence N 00 degrees 22'00" E 495.00 feet to the.Point of Beginning, containing 14.98, acres, more or less. Parcel 001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road . Springdale, AR 72764 WD 2011-29675 Property 7 A part of the E 1/a of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE :V4 of the SW Y4 of Section 31, T-17-N, R-3 0-W; thence S 03 degrees 06'20" W, 1022.25 feet to a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to a set iron pin; thence N 02 degrees 52'05" W (E),170.41 feet to a'set iron pin; thence (S) 87 degrees 30'29" E, 326.20 feetto a set iron pin; thence N 02 degrees 52'05"E,159.53 feet to a setiron pin, thence S 87 degrees 3079" E, 988.98 feet to the Point of Beginning, containing 8.76 acres, more or less. Parcel 001-16808-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72764 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly, described as follows, to - wit From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feetfrom the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North ofRange3l West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the Vest line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 EXHIBIT a West; thence North along the West line of said 40 acre tract to the Northwest corner thereof thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001-16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A partof the fractional Northwest Quarter (NW 1/4) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S 4h) of Section 31, Township 17 North,llange 30 West of the Fifth Principal Meridian; Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 906.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 1/4) of the fractional Northwest Quarter (NW 1/4) of said Section 1, Township 16 North, Range 31 West; thence N 37 degrees 58'10" E, 289.73 feet; thence N 45 degrees 41'55" E, 70.6 feet; thence N 55 degrees 12'38" E, 67.83 feet; thence N 13 degrees 41'18" E 86.91 feet, thence N 69 degrees 48'24" E;140.86 feet; thence S 1 degree 40'08" IV, 354.75 feet; thence S 77 degrees 27'11" W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16807-002 & 001-16807-003 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SW 1/4 of the SW Y4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is S 00 degrees 10 minutes 42 seconds W,1854.65 feet from the NE corner of the SE 1/4 of Section 36, T-17-N, R-31-W, Washington County, Arkansas, and running thence S 89 degrees 53 minutes 56 seconds E,1283.73 feet; thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; . thence N 89 degrees 57 minutes 37 seconds W,1285.37 feet; thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos. 256-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots CPI through CP9, inclusive,'of Hugbmounf Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel001.16799-000 Hughmount Village, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W ih of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin atthe NW corner of the SW 1/4 of the SW 1/4 of Section 31, T-17-N, R-30-W, thence North 02045'51" East-1,317.63 feet, thence North 02"25'58"-37.66feet tothe Point of Beginning of adjusted TractB, thence North 62°25'58" East 1266.65 feet; thence South 87°24'26" East 659.72 feet, thence South 02022'02" West 658.16 feet, thence South 02'3339' West -7 658.76, thence North 87"34'04" West 138.59 feet thence North 02"36'40" East 40.32 feet thence North 87034'04" West 349.42 feet, thence North 02"36'40" East. 12.40 feet thence North 87°3404" West 171.15 feet to the Point of Beginning ofAdjusted TractE, containing 19.44 acres; more or less. Parcel ODl-16794-001 Michael L. Slape 2634 N. Hughmount Road Fayetteville, AR 72704 'vVD 2007-20755 Apart of the E ik of the SW 1/4 of Section 31, T-17-N, R-30-W, Washington Cohnty, Arkansas, being more particularly described as follows: Commencing at found iron pin for the N£ cornerof the NE 1/4 of the SW 214 of said Section 31, T47-N, R-30-W; thence S 0300610" W;1022.25 feetto a found iron pin; thence 1987030'29" W, 988.98 feet to a set iron pin for the point of beginning; " thence S 02052'05" W,159.53 feet to a set iron pip; thence N 8.7030'29" W, 326.26 feetto a set iron pin; thence N 02052'05"E,159.53 feetto a setiron pin; thence S 87"30'29" E, 326.20 feet to the point ofbeginning, containing 1.19 acres, more or less. __m ANX20-6995 HUGHMOUNT RD AREA 20-6995 Close up view EXHIBIT OX Is Subject Property t _..--_.-.-..._._.-.-...----- ------ - Legend t Planning Area t— t Fayetteville City Limits - - - Feet Shared Use Paved Trail --- Trail (Proposed)' 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet RSF-1 RSF-4 u P-1 r ; 20-6995 EXHIBIT'B' LEGAL DESCRIPTION - OVERALLANNEXAVON: A part of the SWi/4 and part of the SWt/4 of the NE1/4 all of Section 31, TI M, R30W, and a purl of the Fr. NWi/4 of Section 1, T16N, R31W, In Washington County, Arkansas, and being described as follows: Commencing at the NE Comer of said SWi/4, thence S03"O6'00"W 528.00 feel to the POINT OF BEGINNING: thence continue S03°06`110% 1,548.75 feel, [hence S71°56451W 4,421.15 feet, thence S03°4729'W 354.77 feet, thence S79'34'3z%V 507.56 feet to the west rightwt-way of Hughmamd Road as established by the Properly Cme Adjustment of Record at File Number 2016-34090, thence along said right-ol-way, N17°50114"E 51.32 feet, thence N29121'281E 57.42 feet, thence H37°29.43"E 56.94 feet, thence N43'I9'44"E 56-12 feet, thence 114414"315194 feet, thence 114602211'E 50.73 feet, thence N47"22'38"E 99.47 feet, thence N39125127"E 43.66 feet, thence N25'51'04"E 40A2 feet, [hence NIO lTWE 43.77 feel, thence N04°21'36'E 19.77 feet, thence leaving said right-of-way N8712425"W 1,278AG feet, thence NOT46123°E 1,197.22 feet, thence NO2"45'S1'E 1.317.62 feet, thence NO2425-WE 1,394.31 feel, thence S87°24M 99.72 feet, thence S02"22'02'W 658.76 feet, thence 802"3039°W 658.76 feet, thence S87°3403'E 65916 feet, thence 502-54-04-W 526.78 feet, thence S87128'03'E 1,316.56 feet to the POINT OF BEGINNING, Containing 15263 acres, more or less, subject to easements and right of ways of record. RESOLUTION NO. 144-13 A RESOLUTION TO AMEND RESOLUTION NO. 183-12 WHICH APPROVED A CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM IN ORDER TO APPROVE AN AMENDED AGREEMENT WHEREAS, on September 4, 2012, the Fayetteville City Council approved Resolution No. 183-12 which allowed the Hughmount Village Developers access to the City Sewerage System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required. - "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washington County Conditional Use Permit granted to Hughmount Village was incompatible with RSF4 zoning; and WHEREAS, the streets, drainage, sidewalks, water and sewer mains need be buiit.to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 183-12 to cancel the existing Contract To Allow Access To City of Fayetteville Sewerage System signed on September 7, 2012 and replace it with the Agreement To Allow Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. Section 2: The City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED this 18th day of June 2013. ATTEST: By. E. SMITH, City fRy�lTEVILt.�: City Attorne§ Kit Williams FiiftL�:i to nr�c' r t _ L,,x4flcalQ t AGENDA REQUEST g c(NS��t� FOR: COUNCIL MEETING OF June 1S, 2013 FROM: ALDERMAN ADELLA GRAY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution to amend Resolution No.18312 which approved a contract to allow access to City of Fayetteville Sewerage System in order to approve an Amended Agreement _ APPROVED FOR AGENDA: s5217 l d rman Adella Gr to Date RESOLUTION NO. 183-12 A RESOLUTION TO APPROV8 THE CONTRACT WITH HUGHMOUNT VILLAGE DEVELOPERS TO Ai.LOW 'fI[Id li {I'liNSFON OF T111( CITY'S SEWERAGE SYSTEM BEYOND TFIE Cl'1'Y L1M1'1:5 '1'U '1'IlE I'RUPOSliD HUGHMOUNT VILLAGE DEVELOPMENT WHEREAS, §51.113 Sewer Service and Extensieti Policy states that "the city's sewerage system shalt not be extended outside the city's corporate limits except an the express approval of the City Council," and; WHEREAS, the City Council does not wish le grant the owncrsldevelopers of Hughmount .Village which 'is slightly outside the city limits any advantage over awners/developers who will build and develop property within the City of Fayetteville -,and WHEREAS, only if the owners/devolopers of Hughmount Village will contractually agree to develop its property pursuant to all development criteria required of persons who develop within the City of Fayetteville (including preliminary anti Coal plat process, approval and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer, parkland), tree preservation requirements, drainage rcquireincnts, infrastructure improvement and dedication to the City of Fayetteville, etc.) will the City permit the owners/developers of Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities; and WHEREAS, because by signing the contract (Attached as Exhibit A) the owners/developers of Hughmount,Village have agrees to all such terms stated above, lie City Council approves the extension'of city sewerage system to Hughmount Village by allowing its developers to construct the necessary sewer mains from the appropriate city sewer main to its property and approves the Contract. NOW, THEREFORE BE IT RTSOI,VFD BY THIP, CITY COUNCIL OF THE CITY OF FAYETTEVII.LE, ARKANSAS; Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract to Allow Access to.the City of Fayetteville Sewerage System, authorizes Mayor Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to — the City's-sewerage- system -and--wastewater-treatment facilities--pursuant-ter-the- C*ntract: -- access to the City's wastewater treatment facilities is being granted. PASSED and APPROVED this 41" day o f September, 2012. PASe 2 Reeoln m No.183-12 APPROVED. ATURST= WOMLD J , Mayor SONDRA Lr. SMYTH, City ClerklTXoes= RESOLUTION NO.17^14 A RESOLUTION TO AMEND RESOLUTION NO. APPROVED AN AMENDED AGREEMENT WITH DEVELOPERS TO' ALLOW ACCESS TO CITY SEWERAGE SYSTEM IN ORDER TO APPROVE A AGREEMENT 144-13 WHICH HAD THE HUGHMOUNT OF FAYETTEVILLE SECOND AMENDED WHEREAS, on September 4, 20I2, the Fayetteville City Council approved Resolution No. 183- 12 which allowed the Hughmount Village Developers access to the City Sewerage 'System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required: "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washington County Conditional Use Permit granted to Hughmount Village was incompatible with RSF-4 zoning; and WHEREAS, the streets, drainage; sidewalks, water and sewer mains need be built "to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission; and WHEREAS, the developer needs to remove the alleys from his plat in order to sell the affected house lots, and the Washington County Planning Board has approved this new plat entitled Project #2013-155. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS; Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 144-13 to cancel the existing Amended Contract To Allow Access To City of Fayetteville Sewerage System which was approved by Resolution NO. 144-13 on June 18, 20I3, and replace it with the Second Amended Agreement To Allow Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. he Cityof F--yettel authorizes — Mayor Jordan to sign this Agreement. PASSED and APPROVED this 7's day of January, 2014. APPROVED. Page 2 Resolution No.17-14 ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Text File File Number: 2020-0263 113 West Mountain Street FayetteviCe. AR 72701 (470) 575-8323 Agenda Date: 6212020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 4 APPEAL: ANX 20-6995 (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX): AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20-6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF MOUNT COMFORT WHEREAS, the annexation petitioner has properly secured the Washington County Judge's authorization to annex 152.00 acres located along Hughmount Road North of Mount Comfort into the City of Fayetteville; and WHEREAS, the City Council passed Resolution 183-12 on September 4, 2012 to allow the extension of the city's sewerage system beyond the city limits to the Hughmount Village Development; and WHEREAS, the contract associated with Resolution 183-12 required the developers/owners of Hughmount Village to "pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible." 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 confirms the annexation to the City of Fayetteville, Arkansas of about 152.00 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 Fayetteville, Arkansas hereby assigns this 152.00 acres to Ward Four of the City of Fayetteville_ City of Fayetteville, Arkansas Page 1 Printed on 8/102020 HALL LSTILL March 5, 2020 VIA US MAIL & E+-MAIL citvclerk(u?favetteville-ar.gov Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 Re: ANX-20-6995 & RZN-20-6996 Appeal Request Dear Ms- Paxton: Retert K Rhoads 75 N. EastAmue, Suite 500 Fayedeville,AR 72701-5388 Direct Dial: (479)9735202 Facsimile: (479)973-0520 ahuds@hallestill.com The above referenced annexation and rezoning requests were heard before the Planning Commission on February 24d' 2020. The Planning Commission voted to neither recommend the annexation nor the rezoning; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of both the annexation and rezoning be put on the next appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The applicants will submit their reasons why they believe the City Council should approve the annexation and rezoning when these two (2) requests are placed on the agenda. I thank you in advance. Cc: Johnthan Curth Blake Pennington 4401338.1:003377:00007 Sincerely yours, 4�;� 'Robert K. Rhoads Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver wwmhallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 19, 2020 TO: Mayor, Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: May 1, 2020 CITY COUNCIL MEMO SUBJECT: ANX 20-6995: Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORTIHUGHMOUNT ANNEX, 282). Submitted by HALL ESTILL ATTORNEYS, INC for properties located along HUGHMOUNT RD. NORTH OF MT. COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 152.00 acres_ The request is to annex the properties into the City of Fayetteville. RECOMMENDATION: The City Planning staff recommend approval of a request to annex the subject proeprty as described and shown in the attached Exhibits 'A' and W, excluding parcel #001-16799-000, described by the applicant as'Hughmount North". The Planning Commission denied the proposal and the applicant has appealed the decision to City Council. BACKGROUND: The subject property is northwest of Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although significant areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In 2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage. -system to the Hughmount. Village subdivision. Subsequently, in 2013 City -Council development subject to the requirements of Fayetteville's Unified Development Code, including tree preservation, drainage, building permitting, and other associated fees and dedications. A clause within the resolution required developers or owners to seek annexation when legally possible. Annexation was not legal.in 2013 due to the lack of contiguous boundaries between Hughmount Village and incorporated Fayetteville. Staff evaluation indicates that development requirements have been met. Request. The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates Mailing Address: 113 W. Mountain Street wwwfayetteville-ar.gov Fayetteville, AR 72701 to Hughmount Village and as approved by City Council in January of 2014. As noted above, the terms of this resolution dictate that the residents of Hughmount Village are to seek annexation in to the City of Fayetteville when the annexation of intervening properties makes this feasible. This is occurring with the current application where the approximately 56.25 acres of Hughmount Village would be annexed with 95.75 additional acres intended to remain undeveloped or as future phases of the subdivision. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the properties within the proposed annexation as Natural Area, Rural Residential Area, and Residential Neighborhood Area. Natural Areas are intended for minimal to no development and property designated as Rural Residential are to remain largedot residential, agricultural, or conservation subdivision in land use. On the other hand, Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blacks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on comers and connecting corridors. In addition to the Future Land Use Plan, City Plan 2040 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 the request is compatible with many of these policies, including that the proposed annexation will include environmentally -sensitive areas along Clabber Creek, and somewhat reduce an existing 'peninsula' of land that is adjacent to incorporated Fayetteville. Additionally, under the City Council's agreement with the subdivision, City water and sewer currently serve a large portion of this area and are available for those properties proposed for annexation but not covered by the 2014 resolution. At the same time, other policies are not observed, among them the inability of the Fire Department to currently offer adequate response time and the potential need for upgrading infrastructure should the property develop at suburban or urban densities. While this will be lessened with construction of the proposed station at Deane and Porter, response times will still be less than recommended. Currently, the subdivision and neighboring unincorporated properties are served by the Wheeler Volunteer Fire District but the City of Fayetteville provides automatic response. In areas immediately adjacent to Fayetteville, an automatic response agreement often means that the Fayetteville Fire Department is the de facto first responder. Additionally, the portion of the property describedas "Hughmount North" represents a conflict withthe goaltoreduce peninsulas, '- `-�reating'afingerz�f tarrd-thaYwltf6��u�ro0n�d"t5y""Ortirib�rpdFaie�Vlfas ington—Cburtty on twee "" -'--"' " -"" "" sides. On the balance of issues, staff finds that the proposal is generally consistent with existing plans and policies. DISCUSSION: On February 24, 2020, the Planning Commission denied the proposal by a vote of 7-1-0. Commissioner Brown did not support denial. Public comment was made from several nearby residents and a Housing Authority representative. Nearby residents were in favor of the annexation request, but opposed .to the concurrently -submitted rezoning, citing concerns about excess density, increased traffic, and potentially inadequate infrastructure. The Housing Authority representative supported the request; but at a higher density than currently present in adjacent incorporated areas, and with the potential benefit of added sales tax revenue from online purchases." SUDGETISTAFF IMPACT: N/A Attachments: Exhibit A • Exhibit B • Fire Department Memo • Resolution 144-13 • Planning Commission Staff Report 3 ANX20-6995 HUGHMOUNT RD AREA 20-6995 Close up view EXHIBIT'A' Subject Property Legend ' ff Planning Area �- 9 Fayetteville City Limits Feet Shared Use Paved Trail - - - Trail (Proposed) 0 220 440 680 1,320 1,760 Building Footprint 1 inch = 600 feet RSF-1 RSF-4 P-1 LEGAL DESCRIPTION - HUGHMOUNT NORTH: A part of the W1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Comer of said SW1/4, SW1/4, thence NO2°45'51"E 1,317.63 feet, thence NO2°25'58"E 37.66feet to the POINT OF.BEGINNING; thence continue Northerly NO2°25'58"E 1,266.65 feet, thence S8702426"E 659.72 feet, thence S02°22'02"W 658.76 feet, thence S02033'39'W 658.76 feet, thence N87°34'04"W 138.59 feet, thence NO2°36'40"E 40.32 feet, thence N87034'04'W349.42 feet, thence N02036'40"E 12.40 feet, thence N87034'04"W 171.15 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: SLAPE PROPERTY: A part of the NE114 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Comer of said NE1/4, SWIM, thence S03`06'00"W 1,021.81 feet, thence N87°31'12"W 989.27 feet to the POINT OF BEGINNING, thence S02°48'49"W 159.46 feet, thence N87030'1 T W 325.83 feet, thence N02054'04'E 159.37 feet, thence S87°31'12"E 325.59 feet to the POINT OF BEGINNING, Containing 1.19 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: KILGORE SURVEY: A part of the Fr: NW1/4 of Section 1, T16N, R31 W and a part of the SE1/4 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Comer of the NE1/4, Fr.NWi/4, thence N03000'49"E 802.33 feet, thence N86059'1 T W 257.27 feet to the POINT OF BEGINNING, thence N40°05'31"E 289.73 feet, thence N47°49'16"E 70.86 feet, thence N57019'59"E 67.83 feet, thence N15°48'39"E 86.91 feet, thence N71°55'45"E 140.86 feet, thence S03°47'29"W 354.75 feet, thence S79034'28"W 437.56 feet to the POINT OF BEGINNING, Containing 2.07 acres, more or less, subject to easements and right of ways of record. HUGHMOUNT VILLAGE (PER FILE 0024-00000056): A PART OF THE W1/2 OF THE SW1/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE-SW1f4-OF-SEGTION 31; T1-7*,-R30W;-THENCE-NO2°4651"E-1313:63 FEET, -TREIQCEN02'25'58'r-Sr66--FEET TFIEWC=—r3WD,V :--fT-f>-FEET,-TRENCH -- -- - - S02036'40"W 12.40 FEET, THENCE S87°34'04"E 349.42 FEET, THENCE 802°36'40"W 40.32 FEET, THENCE.S87°34'04"E 798.45 FEET TO A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD S020SN04'W 1308.53 FEET, THENCE CONTINUING ALONG ROAD S02036'40"W 537.12 FEET, THENCE LEAVING HUGHMOUNT ROAD N87018'47"W 1317.23 FEET, THENCE N02045'51"E 537.22 FEET TO THE POINT OF BEGINNING, CONTAINING 56.25 ACRES, MORE OR LESS. LEGAL DESCRIPTION - HUGHMOUNT VILLAGE R-A: A PART OF THE W1/2 OF THE SWIM OF SECTION 31, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID SW1/4, SWIM, THENCE S02045'51 "W 537.22 FEET, THENCE S87.18-47 -E 474.94 FEET TO THE POINT OF BEGINNING, THENCE NO2°36'40"E 124.61 FEET, THENCE S87°21'30"E 232.89 FEET TO A POINT OF CURVE TO THE LEFT 45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF N56023'55"E 42.57 FEET, THENCE N20°09'20"E 291.34 FEET TO A POINT OF CURVE TO THE LEFT 16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF N11023'00"E 16.78 FEET, THENCE NO2°36'40"E 562.73 FEET TO A POINT OF CURVE TO THE RIGHT 45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF N47°36'39"E 41.01 FEET, THENCE S87°23'21"E 458.20 FEET, THENCE S02°54'04"W 499.73 FEET, THENCE S02°36'40"W 537.12 FEET, THENCE N87018'47"W 842.29 FEET TO THE POINT OF BEGINNING, CONTAINING 12.92 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. . LEGAL DESCRIPTION - HUGHMOUNT VILLAGE RSF-8: A PART OF THE WV2 OF THE SWi/4 OF SECTION 31, T17N, R30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A FOUND IRON PIN AT THE NW CORNER OF THE SW1/4 OF THE SW1/4 OF SECTION 31, T17N, R30W, THENCE NO2°45'51"E 1,317.63 FEET, THENCE N02025'58"E 37.66 FEET, THENCE S87°34'04"E 171.15 FEET, THENCE S02035'52"W 12.40 FEET, THENCE S87°34'02"E 349.42 FEET, THENCE S0203625"W 40.32 FEET, THENCE S87034'03"E 798.45 FEET, THENCE S02054'04"W 808.80 FEET, THENCE N87023'21"W 458.20 FEET TO A POINT OF CURVE TO THE LEFT45.55 FEET, SAID CURVE HAVING A RADIUS OF 29.00 FEET AND A CHORD BEARING AND DISTANCE OF S47036'39"W 41.01 FEET, THENCE S02036'40"W 562.73 FEET TO A POINT OF CURVE TO THE RIGHT16.84 FEET, SAID CURVE HAVING A RADIUS OF 55.00 FEET AND A CHORD BEARING AND DISTANCE OF S1 i023'00"W 16.78 FEET, THENCE S20009'20"W 291.34 FEET TO A POINT OF CURVE TO THE RIGHT45.54 FEET, SAID CURVE HAVING A RADIUS OF 36.00 FEET AND A CHORD BEARING AND DISTANCE OF S56023'55"W 42.57 FEET, THENCE N87021'30"W 232.89 FEET, THENCE 802036'40"W 124.61 FEET, THENCE N87°18-47"W 474.94 FEET, THENCE - -NO2 °4559''f-537:21-fEEF-Tfl:T-HE-POINT-OF BEGINNING,-GONTAINING-43-33 _ __ ---AIR-E�IVIOTtE 6RLES� SU63ECii'O�ASEM-ENTS AND RTGT{T-6F WAYSZSF_- _ -..._ _..------ ----. RECORD. LEGAL DESCRIPTION - HUGHMOUNT SOUTH: A part of the SW114 of the SW114 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW114, thence S02046'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87°18'47"E 1,283.73 feet, thence S02°38'17"W 657.71 feet, thence N87°24'55"W 1,285.37 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING: Containing 19.43 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: RSF-8 REZONE: A part of the SWIM of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, SW1/4, thence S02046'50"W 1,854.85 feet to the POINT OF BEGINNING, thence S87018'47"E 1,006.16 feet, thence S02°41'13"W 188.50 feet, thence S37°18-06"W 145.81 feet, thence N87018'47"W 135.00 feet, thence S02"41'13"W 350.09 feet, thence N87024'55"W 789.42 feet, thence NO2°46'50"E 660.00 feet to the POINT OF BEGINNING, Containing 13.37 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: R-A REZONING: A part of the SW1/4 of the SW114 of Section 31, TIM, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Comer of said SW1/4, SWIM, thence S02°46'50"W 1,864.85 feet, thence S87018'47"E 1,006.16 feet to the POINT OF BEGINNING; thence S87°1847"E 277.57 feet, thence S02°38'17' W 14.24 feet, thence S40°3846"W 297.78 feet, thence S52050'36"W 206.87 feet, thence S04030'46"W 135.59 feet, thence S54033'45"E 60.42 feet, thence S88037'37"E 213.21 feet, thence N2603547"E 64.92 feet, thence N74°30'14"E 59,39 feet, thence S02038'17"W 190.71 feet, thence N87024'55"W 495.95 feet, thence NO2°41'13"E 350.09 feet, thence S87°18'47"E 135.00 feet, thence N37018'06"E 145.81 feet, thence N02041'13"E 188.50 feet to the POINT OF BEGINNING, Containing 3.58 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NS-G REZONING: A part of the SWIM of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SWIM, SW1/4, thence S02046'50"W 1,854.85 feet, thence S87018'47"E 1,283.73 feet, thence S02038'17"W 14.24 feet to the POINT OF BEGINNING; thence S02°38'17"W 452.76 feet, thence S74030'14"W 59.39 feet, thence S26°35'47"W 64.92 feet, thence N88037'37' VV 213.21 feet, thence N54°33'45"W 60.42 feet, thence N04030'46"E 135.59 feet, thence N52050'36"E 206.87 feet, thence N40°38'48"E 297.78 feet to the POINT OF BEGINNING, Containing 2.48 acres, more or less, subject to easements and fight of ways -of -record: -----...-._ ................----- .---- .-.... LEGAL DESCRIPTION.- HUGHMOUNT EAST: A part of the E1/2 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4, thence 803006'00"W 528.00 feet to the POINT OF BEGINNING; thence S03°06'00"W 823.65 feet, thence N87031'05"W 1,313.49 feet, thence N02049'40"E 170.42 feet, thence S87°30'13"E 325.83 feet, thence NO2°48'49"E 159.46 feet, thence N87°31'12"W 325.58 feet, thence NO2°54'04"E 495.00 feet, thence S87°28'03"E 1,316.56 feet to the POINT OF BEGINNING, Containing 23.69 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: NC ZONE: A part of the NE1/4 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE. Comer of said NE1/4. SWIM, thence S03`06'00"W 528.00 feet, thence N87°28'03" W 1,125.87 feet to the POINT OF. BEGINNING, thence S02°31'57"W 494.81 feet, thence N87031'12"W 193.8.7 feet, thence NO2°54'04"E 495.00 feet, thence S87028'03"E 190.69 feet to the POINT OF BEGINNING, Containing 2.18 acres, more or. less, subject to easements and right of ways of record. ALSO: A part of the E1/2 of the SW1/4 of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Comer of said NE1/4, SW1/4, thence S03°06'00"W 1,351.65 feet, thence N87°31'05"W 161.91 feet to the POINT OF BEGINNING; thence N87°31'05'9N 1,151.58 feet, thence NO2°49'40"E 170.42 feet, thence. S87030'13"E 325.83 feet, thence NO2°43'00"E 106.15 feet, thence S87' 2&03"E 824.53 feet, thence S02031'5T'W 275.75 feet to the POINT OF BEGINNING, Containing 6.50 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION: RSF-8 ZONE: A part of the E1/2 of the SWIM of Section 31, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Comer of said NE1/4, SWIM, thence S03°06'00"W 528.00 feet to the POINT OF BEGINNING; thence cS03006'00'W 823.65 feet, thence N87°31'05"W 161.91 feet, thence N02031'57"E 275.75 feet, thence N87°28'03"W 824.53 feet, thence N03000'23"E 53.31 feet, thence N87°31'12"W 131.71 feet, thence NO2°31'57"E 494.81 feet, thence S87°28'03"E 1,125.87 feet to the POINT OF BEGINNING, Containing 15.00 acres, more or less, subject to easements and right of ways of record. LEGAL DESCRIPTION - HEYLIGER: A part of the SEIM of the SW1/4 of Section 31, T17N, R30W in Washington County, --- Arkansas; and -being described as follows: Commencing.at-the-NE—Gomer-of-said-- .-- -—'---'�E17 SWil4;ttlen�eS03'0600W38:24 ee oihePOINT-OF-BEGTNNING;thence-----"'- S03006'00"W 725.10 feet, thence S71 °56'45"W 1,406.67 feet, thence NO3°00'49"E 1,218.57 feet, thence S87031'05"E 1,313.80 feet to the POINT OF BEGINNING, Containing 29.29 acres, more or less, subject to easements and right of ways of record. FpyETTcVIL[£' ;< FIP.r. �j } tin �- DEr T. CITY OF FAYETTEVILLE ARKANSAS ':;Sim..... To: Gamer Stoll CC: Fire Chief Brad Hardin From: Battalion Chief Jeremy Ashley, Fire Marshal Date: March 19, 2020 Subject: Addendum to RZN 20-6996: In a rezone letter dated February 11, 2020 the Fire Marshals Office submitted to Jonathan Curth a. detailed explanation of our current and future response times to the address listed on the rezone request (sea' page 2). This property is currently outside the limits of the City of Fayetteville. The primary fire and EMS response is currently the Wheeler Fire Department which is located approximately 3.2 miles away. I am unable to give a response time for the Wheeler Fire Department as they are another jurisdiction. The property off Hughmont is. in the area covered by an automatic aid agreement with the Wheeler Fire Department. Per the agreement if there is. a reported structure fire in this area the Wheeler Fire Department is dispatched as well as the Fayetteville Fire Department. The Fayetteville Fire Department will respond with two (2) fire companies and one (1) command unit to assist Wheeler. This is a reduction of fire companies that are dispatched within the city limits of Fayetteville. Within Fayetteville five (5) fire companies and one (1) command unit is on the initial dispatch of a structure fire. EMS or any other emergencyballs in this area will only get the response of the Wheeler Fire Department. .�y ............. erSt. i;Z.W.Centwww.aye evl e-ar.gov Fayetteville. AR 72701 i : •T . - FAt zT7rwtil[1.F', CITY OF FAYETTEVILLE °+a1�1ti.1'ARKANSAS To: Jonathan Curth, Planner CC: Battalion Chief Jeremy Ashley, Fire Marshal From: Captain Nathan Wood, Deputy Fire Marshal Date: February 11, 2020 Subiect: RZN 20-6996: Rezone (Huahmount RD. North of MT. Comfort/Huahmount Rezone. 282): Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station'7, located at 835 N Rupple, protects this site. The property is located approximately 2.8 miles from the fire station with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 minutes. Fire Departmeht•response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for tum-out time. 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. In the future, a new fire station located near the intersection of W. Dean St. and N. Porter Rd. will service this property. The property Is located approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Mailing Address 303 W. Center St. .. www.fayetteville-ar.gov Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO AMEND RESOLUTION NO. 183-12 WHICH APPROVED A CONTRACT TO ALLOW ACCESS TO CITY OF FAYET EVILLE SEWERAGE SYSTEM IN ORDER TO APPROVE AN AMENDED AGREEMENT WHEREAS, on September 4, 2012, the Fayetteville City Council approved Resolution No. 183-12 which allowed the Hughmount Village Developers access to the City Sewerage System if they fulfilled the terms of the Contract To Allow Access To City Sewerage System; and WHEREAS, the Contract To Allow Access To The City Sewerage System required: "All street frontage, density, lot area requirements, etc. (be the same) as if their property was zoned Residential Single Family, four units per acre;" and WHEREAS, the Washirgton County Conditional Use Permit granted to Hughmount Village was incompatible with RSF=4 zoning; and WHEREAS, the streets, drainage, sidewalks, water and sewer mains need be built to satisfy both Fayetteville and Washington County standards and the streets and drainage structures need to be dedicated to Washington County all as approved by the Fayetteville Planning Commission, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution No. 183-12 to cancel the existing Contract To Allow Access To City of Fayetteville Sewerage System signed on September 7, 2012 and replace it with the Agreement To Allow. Access To City Sewerage System and To Impose Development Requirements, attached as Exhibit A. Section 2: The City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign this Agreement. PASSED and APPROVED this i8th day ufJune 2011_:.:---------------.. - . -- — ------- --- - --- ------ APPROVED: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SNHTH, City Clerk/Treasurer EXHIBIT "A" AGREEMENT TO ALLOW ACCESS TO CITY SEWERAGE SYSYTEM AND TO IMPOSE DEVELOPMENT REQUIREMENTS WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but outside the Fayetteville city limits, :desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City ,of Fayetteville does not wish to grant owners/developers of Hughmount Village (or any •similarly situated development) any' advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, on September 4i 2012, the City Council of the City of Fayetteville passed Resolution. NO. 183-12 permitting -such access, but the terms of the Contract were incompatible with the Conditional Use Permit issued for this development by Washington County so that a replacement Agreement is needed; and WHEREAS, the -City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as granted by the Conditional Use Permit approved by the Washington County Planning Board; Project #2011-103 (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stortnwatcr, tree preservation' and other -.__. development Mqw--emgnts as if this dcv_elopra t was occarring Rzthin the ------------.__ ._ ..-- -- t✓ity-afFayetteviHe------------ ----- - —-----...------ - (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, the City of Fayetteville Parks Board. approved the dedication of 3.169 acres of land within.Common Property 9 at their September 10, 2012 meeting. The exact limits of the park land dedication will be located west of the tree preservation area and will be determined at the Final Plat after drainage and utility improvements are constructed. In addition, the Developer shall dedicate a trail easement sufficient to connect from the crosswalk at Common Property 8 at Cotton Willow Drive to the southern border of the property to meet a possible trail extension, from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcelhas been annexed into the City of Fayetteville). (6) Construct all infrastructure; streets, drainage, sidewalks, water and sewer mains to City of Fayetteville and Washington County standards as previously approved by the Fayetteville Planning Commission on March 25, 2013 (PPL 134304) and by the Washington County Planning Board on May 2, 2013 (Proj.#2013-024). Water and sewer infrastructure is to be dedicated to the City of Fayetteville, street and drainage infrastructure is to be dedicated to Washington County. HUGHMOUNT VILLAGE OWNERS/DEVELOPERS, in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed development, do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits. Further developers/owners of Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Hughmount Village sign below. HUGHMOUNT VILLAGE DEVELOPERS//OWN�ERS --------Plsil-irhitlfps-�------ -- Title: ha. CITY OF FAYETTEVILLE, Attest: A.,, --. , � 1�itu�. -t= Sondra E. Smith, City Clerk Date Signed: hm Date Signed: Najd t4tt2$,j Departmental Correspondence Kit witreams CiIjAltaiacy TO: Mayor Jordan Jason B. KcHoy AsALtlaafCiryArrontq City. Council ,. FROM: Kit Wllliaiiis,City Attorncy'c_ DATE: September 4, 2012 RE: Contract to allow access to City of Fayetteville Sewerage System Attached please finda copy of the signed Contract. This contract would require the developer/owner of the proposed liughmount Village to develop and pay the appropriate fees as any developer would if building within Fayetteville. The developer desires to dedicate his proposed linear park (with a trail) to meet his parkland dedication requirement. Pursuant to the U.D.C. as long as the proffered land "is suitable 'For park purposes, the proposed dedication shall be accepted." § 166.04 (B) (3) (1) (ii) d. The developer will be required to plant trees and build a trail to city standards running through his dedicated lots and provide easement access if a trail is extended from the Clabber Creek trail. All maintenance of the parkland shall be the property owners association's responsibility until and unless Hughmount Village is annexed into Fayetteville. EXHIBIT "A" CONTRACT TO ALLOW ACCESS TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM WHEREAS, the developerslowners of litighmount Village, whose project is close to, but outside the Fayetteville city limit., desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant amers/developers of Ilughmount Villagc '(or any similarly situated development) any advantage over owners/developers who will build and develop property within the City of Fayetteville; and WHEREAS, tho City of Fayetteville is willing to allow developerslowners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as if their property was zoned Residential Single Family, four units per acre. (2) Apply for and successfully complete the full preliminary plat/rinal plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville. (4) Pay for all normal permits and application fees at the normal time including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, dedicate to the City of Fayetteville upon ,plat. Eeppruyat Cymmon l?rpperly %vts 4, 5, G, T & 8 building lots, plant trees basically as shown the plat and construct trails over such lots to City of Fayetteville standards basically as shown on Exhibit I (proposed plat of Hughmount Village). Dedicate a trail easement sufficient to connect from the trail at the crosswalk of Cottonwillow Drive to the southern border of the property to meet a possible trail extension from the south from the Clabber Creek "frail. This trail and parkland shall remain the developer's or Property Owners Association's duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and urtless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure; streets, sidewalks, water and sewer mains to City of Fayetteville standards and dedicate to the City of Fayetteville (streets may hejointly dedicated. to City and County). HUGl1MOUNT VILLAGE OWNERS/DEVELOPERS in consideration of being allowed to util ize the City of Fayetteville sewerage system and wastewater facilities for their proposed development do hereby agree to all terms and conditions stated above and promise to develop their property in full compliance with all requirements of the Unified Development Code as if their development was inside the city limits and zoned RSF-4. Further developers/owners of i lughmount Village pledge and promise to seek immediate anttcxation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and deeds for each property within its development. In agreement with all. the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of llughmeunt Village sign below. HUGHMOUNT VILLAGE, DEVELOPERS/OWNERS t Phil Philfips Title; ile? Z_. Name: —kM - J.I 14e—r ! . By: CITY OF FAYETTEVILLE, 1�iSAS wacid.Iur t13aI•ar Attest: Son ra i h, Ci .� u Mx✓ram 1v InwN Mee r�r� •.✓uu yrnYf•M rv9w.vun•✓n __ • uI�4J}� �fMMu.x. M✓W Ii J F M�� N ,[ IIr hurw Mun, VICINITY NAP HUGHMOUNT VILLAGE WAWINOWN (4(.hTY. AR RkA t� r; CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 24, 2020 (Updated with Planning Commission Results) SUBJECT: ANX 20-6995:. Annexation (HUGHMOUNT RD. NORTH OF MT. COMFORTIHUGHMOUNT ANNEX, 282): Submitted by HALL ESTILL ATTORNEYS' INC. for properties located along HUGHMOUNT RD. NORTH OF. MT, COMFORT. The properties are in the FAYETTEVILLE PLANNING AREA. and contain approximately 152.00 acres. The request is to annex the properties into the City of Fayetteville RECOMMENDATION: Staff recommends forwarding ANX 20-6995 to the City Council with a recommendation of approval RECOMMENDED MOTION: "1 move to forward ANX 20-6995 to the City Council with a recommendation of approval." BACKGROUND: The subject property is:noithwesVof Fayetteville in unincorporated Washington County. The overall property includes numerous parcels on both the east and west sides of Hughmount Road, between Weir and Mount Comfort Roads. The property is generally level, sloping gradually downward towards the Clabber Creek corridor to the south. Although large areas of the property remain largely undeveloped, approximately 54 acres was platted as the Hughmount Village subdivision. In .2012, City Council approved Resolution 183-12 allowing the extension of Fayetteville's sewerage system :to the subdivision. In exchange, the property was developed subject to the requirements of. the Fayetteville's Unified Development. Code, including tree preservation, drainage, building. permitting, and other associated fees and dedications. This resolution was amended in 2.014 under Resolution 17-14 to address development modifications. Among the changes to the agreement, the homeowners of Hughmount Village are to petition for annexation when legally possible. Surrounding land uses and zoning is depicted in Table 1. Tab1e_I _.__.-_... Direction Land Use Zoning North Undeveloped AG/SF Res 1 (Unincorporated Washington County) South Undeveloped/Large Lot Residential; Single-family Residential AG/SF Res 1 (Unincorporated Washington County); RSF-4 Residential Single-family, 4 Units perArre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped/Large Lot Residential AG/SF Res 1 (Unincorporated Washington County) Request. The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed to comply with the terms of Resolution 17-14 as it relates to Hughmount Village and as approved by City Council in January of 2014. Additional properties Planning Commissio Febmary 24, 202 Agenda Item 20-6995 (Hughmount Anne Page 1 of 2 are intended to remain undeveloped or as future phases of the subdivision. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (RZN 20-6996), but no statements of support or opposition. INFRASTRUCTURE: Streets: The subject properties have direct access to Hughmount Road. Per the 2040 Master Street Plan, Hughmount Road is not designated and would generally be considered a Residential Link. Properties proposed for annexation to the north and south of Hughmount village have access to public Streets built in association with Hughmount Vii.lage. These were required to meet Fayetteville's block length and connectivity requirements, and were stubbed out for future connectivity. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing,. looped 6-inch water main provides service along Hughmount Road while 8-inch mains are installed throughout Hughmount village.. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Sewer: Sanitary Sewer is available to portions of the subject property. An existing 8-ich sanitary sewer main serves the Hughmount Village subdivision. Mains within Hughmount Village are stubbed out at five locations to facilitate future service. Future development in this area will require sewer capacity analysis as this line may not be adequate to support additional impact. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Given the presence of Clabber Creek and an unnamed tributary along the southern portion of the subject property, FEMA-designated floodplains, streamside protection zones, and hydric soils are all present. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 2.8 miles from the subject property- The anticipated response time would be approximately nine minutes. This is outside the response time goal of six minutes for an engine and eight minutes for a ladder truck. Of note, a new fire station is proposed near the intersection of Deane Street and Porter Road which would serve the subject property. The response time from the new station would be approximately seven minutes. This is outside the response time goal -of six minutes for an engine, but within the response time goal -of eight Police: The Police Department did not express any concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced GAEfClDevelopment Services Review12020\13evelopment Services\20-8995 planning commission ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PG102-24-2020 Febmary 24. 2020 Agenda Item 8 20-6995 (Hughmount Annex) setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 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: Although the larger portion of the proposed annexation will 'square -off a city boundary, the northernmost extent of the subject property will create a peninsula of incorporated land within unincorporated Washington County. Staff recommends removal or denial of this portion of the request, described as Hughmount North, or consideration of additional areas of annexation along Hughmount Road to provide a logical boundary. 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 west Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation includes the entirety of Hughmount Village, the only subdivision in the area of interest. 12.3.5.d Boundaries for annexed areas should follow natural corridors Finding: The proposed annexation boundaries follow the property lines of several properties and encompass both the east and west sides of Hughmount Road. To the south and west, the annexation boundary aligns with existing, incorporated land and platted subdivisions. To the west and north it abuts unincorporated land. 12.3.5.e The provision of services should be concurrent with development. response times of the Fayetteville Fire Department. While portions of the property currently have access to sanitary sewer, others will require extension. Further, per comments from the Engineering Division, additional connections to existing sanitary sewer mains will necessitate evaluation for capacity. GAETODevelopment services Review\2020\Development ServiceM20.5995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PC\02-24-2020 Planning Commissia Feblary24, 202 Agenda Item 20-6995 (Hughmount Anne) Page 3 cf 2 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: With the exception of Hughmount Village, large areas of the property are undeveloped except for open space and agricultural uses. Otherwise, significant areas of the property are located within the floodplain of Clabber Creek and an unnamed tributary. Annexing the property would subject it to Fayetteville's higher standard of development criteria, including streamside protection zones and tree preservation. Additionally, these riparian areas are identified as within the' Enduring Green Network. 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 approximately nine minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck. Construction of a proposed new station at Deane and Porter will reduce response times to within acceptable limits for a ladder -truck, but outside acceptable limits for an engine. 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: 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. That being stated, development may necessitate extension or upgrading of existing sanitary service, and fire department response times to the area are currently below goals. 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: Although not the primary responder, fire protection is currently provided under the City's automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access GAETC1Development Services RevievA20200evelopmerd Services\20-6995 Planning commission ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 PCt02-24-2020 February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) P.m4 of 26 to sanitary sewer; but sanitary sewer extensions and possibly upgrades will be required to serve the entirety of the property. 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: Although existing utilities are located along Hughmount Road and within the Hughmount Village subdivision, Engineering staff advises that sanitary sewer capacity may be inadequate. Additionally, some properties will require sanitary sewer extension before connection. 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 concurrently -requested R-A, RSF-1, RSF- 8, NC; and NS-G zoning districts there will be an increase in both density and traffic. Given proximity to Mount Comfort Road, a Regional Link, Planning staff does not anticipate an immediate Increase in traffic from this site will pose a hazard, butfuture developments may be responsible forstreet, bridge, or intersection improvements. 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.' Additionally, the -property would .not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Fording: 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'Citys Future Land Use Map. The map was recently GAETC\Development Services RevievA2020\Development_SemicesV"995 ANX Hughmount Rd. (Hughmount Rd. Annex) 282\03 P002-24-2020 Planning Commissio February24, 202 Agenda Rem 205995(Hughmount Anne Pace 5 of 2 amended and adopted with City Plan 2040, and expanded the amount of land northwest of Fayetteville that is designated as Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. However, the applicant has submitted a concurrent request to.rezohe portions of the area under consideration for single-family'developmenf and nonresidential use (see attached exhibit). The request is to rezone approximately 47.86 acres to R-A, Residential Agricultural, 1.19 acres to RSF-1, Residential Single-family,1 Unit per Acre, 8.68 acres to NC, Neighborhood Conservation, 2.48 acres to NS-G, Neighborhood Services, General, and the remaining balance of approximately 91.79 acres to RSF-8, Residential Single-family, 8 Units per Acre. 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 requestwas studied to determine if facilities orservices 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: Per§167.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, 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 152 acres. While the request would annex Hughmount Village as required by the _ 3014 resolution that granted -sanitary sewer service to -the-subdivision, — poruons of t� -overall annexa ton would -create a peninsula that may compromise City Plan 2040's policy to avoid creating irregular boundaries that may adversely affect development patterns or provision of services. 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 toward the northwestern extent of the City and developing it can pose financial challenges for the City to maintain GAETCOevelopment Services RevlevO20200evelopment Servtces120-6995 Planning Caiomission ANX Hughmount Rd. (Hughmount Rd. Annex) 282103 PC102-24-2020 February 24, 2020 Agenda Item 8 20-6995 (Hughmount Annex) Pace 6 of 25 public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes lower densities may exacerbate this. RECOMMENDATION: Planning staff recommends forwarding ANX 20=6995 to the City Council with a recommendation of approval. Date: February 24, 2020 Paxton Canada BUDGET/STAFF IMPACT: None O Tabled O Forwarded It Denied Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • Annexation Exhibit • Rezoning Exhibit • City Services Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map WETCiDevelopment Services RevievA2020Wevelopment ServicW20-0995 Planning Commissio ANX Hughmount Rd. (Hughmount Rd. Annex) 282%03 PM02-242020 February 24, 202 Agenda Item 2M995 (Hughmount Anne Page 7 cf 2 'I 12.3 Annexation Annexation is the inclu.$ion of previously unincorporated lands within the City limits. Annexation has benefit to the residents of the annexed area as we I as to the City. The residents gain access to urban services, such as enhanced police and fire protection and have a voice in city go ernment. The City gains the ability to con# of development and extend boundaries in a jo&al manner. The purpose of this planing element is to take a more active ar proach toward annexations by identify ng potential annexations areas and c 6blishing annexation policies. The annexation policies will guide evaluation of future annexation proposals. The policies'ge designed to ensure that public servi�es, infrastructure, and utility extension is �roperly addressed in order to manage gro*th. The potential annexation areas may become part of the City when these annex4tion polices are met. 41PproXimAte tocatibn of 4 ' r , Figure M 15 - Fayetteville Annexation Map 0x'® ®JIMF: fill De -Annexation (Removed from Fayetteville) Annexation ® 1870 ® 1910 19704979 1930.1939 ® 19a0-1989 ® 1940-1949 ® 1990.1999 19so•1959 ® 2000.2009 1960-1969 ® 2010-Present 149 Annexation History dnd Trends The original town was i corporated in 1870 with approximately 1,100 acres. Since incorporation, the City hmade almost 200 annexations, totaling over 34,000 acres. Annexation activity wasllIrelatively slow until the I940's, when over 2,500 acres were annexed within 19 annc� ations. During the 1950's, almost the same number of annexations took place, however, thetotal land area annexed was significantly smaller than in the 1940's. By the 1960's. annexation activity increased dramatically, with 42 annexations bringing over 18,000 acres into the city Omits. Annexation numbers dropped in 1970 and stayed steady until the 1990's, when the number of annexations tripled from the 1980's. By 2000, the City contained 45 square mils and by 2018 the City contained approximately 55 square miles. lI One indicator of the am unt of developable land within the City is the number of people per acre. Prior to 1940 there, re approximately 5.6 persons per acre. This era. represents the time when Fayetteville ar' still relatively small and consisted primarily of what we would now consider the downtown and surrounding neighborhoods. By 1970, after numerous large annexations in the. 460's, the persons per acre had been reduced to 1.3. The City's population continued to Increase dramatically through the 2000's when we maintained just over 2 people per acre Our 2000-2010. An annexation referendum in October of2006 for a large area along Wedin�ton Drive on the west side of town brought in an additional 1,400 acres of low density lan4.fpr eventual development. Figure 1Z16 - Fayetteirille Town Plat 150 y4 .- .3i^: State Statutes on Title 14, Chapter 40 a municipality or by A municipality can ann unincorporated area tht municipality has the gr and in adjacent countie ordinance, passed by t% Those lands must meet • Platted and held for • Whether platted.ori • . When the lands Purr growth of the munic • When the lands are of needed police red • When they are valui state statute discusses annexation. Annexations can be initiated by ty owners. contiguous lands, lands surrounded by the municipality, t completely bounded by two or more municipalities. If the r distance of city limits adjoining the area, and land contiguous i annex any contiguous lands, the governing body must adopt an thirds of the governing body and hold an election of the people. e of the following criteria: or use as municipal lots; if the lands are held to be sold as suburban property; the abode for a densely settled community or represent the actual lity beyond its legal boundary; led for any proper municipal purposes such as for the extension ation; or Ib by. reason of their adaptability for prospective municipal uses. i Contiguous lands must ttot be annexed if they meet either of the following criteria: Have a fair market y'alue at the time of adoption of the. ordinance of lands used only for agricultural or ha�4ticultural purposes and the highest and best use of the land is for agricultural or horticiltural purposes; or Are lands upon which a new community is to be constructed with.funds guaranteed in whole or in part by tlhe, federal government under Title IV of the Housing and Urban Development Act of 11 §68 or under Title VII of the Housing and Urban Development Act of 1910. I : . To annex land surround( d',by a municipality, the governing body. can propose an ordinance to annex the property. A a[in, the lands must meet the criteria listed above. A public hearing must be held within 60 c ays of the proposed ordinance, A majority of the governing body must approve the ann=. tibn for it to become effective. f Y;S Iii� Figure 12.17- Great Seal of the State of Arkansas 151 Property owners in ar annexation. They can majority of the total r Potential The potential • Areas that are alread • Areas that can be de • Immediate areas are already been extends • Vacant lands that arc Areas where urban s • Areas where urban s Annexation Guiding Boundaries • Annex existing or peninsula. • Proposed anne) • Areas should ei • Boundaries for • The provision c ttiguous and adjacent to the municipality may request with a petition of the majority of land owners iin.the area, if the of owners own more than one-half of the acreage affected. Areas areas should be identified by the City using the following criteria: urban in character. .doped at urban densities. lose that are peninsulas or islands, where municipal services have tto development pressure. are already provided. are needed. and peninsulas and do not annex areas that would create an island .a.must be adjacent, or contiguous, to city limits. ide.or exclude entire subdivisions or neighborhoods, not divide. areas should follow natural corridors. s should be concurrent with development. • Annex environmen ly sensitive areas that could be impacted by development and utilize appropriate develop ent regulations to protect those areas, Emergency.and Public, ervice • Public services must be able to be provided efficiently in newly annexed areas. • Annexed areas shoul receive the same level of service of areas already in the city limits. • The ability to provid public services should be evaluated in terms of equipment, training of personnel, numbe�of units and response time. A 'J 152 • Areas currently serv6d by utilities and other public services should be annexed. • Proposed annexatio areas should not require the upgrading of utilities to meet the demands of develops ent unless there is a threat to public safety. • Phased annexation s$ quld. be initiated by the City within the active annexation areas based on planned se ice extensions or availability of services. Intergovernmental Rel Lions • . Promote long -ran tanning with adjacent jurisdictions. • Establish agreement$ to address regional concerns, such as water, stormwater and sewer. • :Develop a.land-use lgn for annexation initiated by the City. • Designate zoning di rjcts for property during the annexation process. • An.annexation study; should be completed on all .annexation.proposals. • Development propo Is require a separate review from the annexation proposals. • Residents should be ally informed of annexation activities. Encourage larger annexations_ to create acceptable boundaries. • Conduct a fiscal imp c:t assessment on large annexations. .® NIk 153 ANX 20-6995 Request PETITIONER'S STATEMENT Letter The Petitioner has reviewed the Annexation section of the City Plan 2030 and unequivocally submits that this annexation meets the City's guidelines, policies, rules and regulations as laid out in section 12.3 of said Plan. Specifically this annexation will notjust meet but will help promote the City's annexation policies in that it will not create an island as the annexation is adjacent to the existing city limits. No subdivision will be divided. The city already provides water and sewer to a good portion of this property to be annexed and other public services certainly can be provided efficiently in the newly annexed area. Further, Resolution No. 17-14 passed by the City of Fayetteville January 7, 2014 in which Fayetteville allowed Hughmount developers access to the city's sewer and. water (specifically see Exhibit A to that resolution signed by the Hughmount developers and the City of Fayetteville) states "Further developers/owners of the Hughmount Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible..." The significance of this Resolution is that is has always been the city's intent to annex the Hughmount Village Subdivision. A good portion of the rest of the property to be annexed will be subsequent phases of the same subdivision. Further, the Petitioner is filing simultaneous with this annexation petition a Petition to Zone the annexed property into five (5) zoning classifications. 4276735.1:005377:00001 Funning commission Febmary 24, 2020 Agenda Item B 20-6995 (Hughmount Anne;() Parcel 001-16606.000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part ofthe NE 3/4 ofthe SW V of Section 31, T-17-11, R-30-W, Washington County, Arkansas, being more particularly described as follows, to -WIC Beginning at a point528.00 feet South of the NE corner ofsaid 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00"E,13MU feet; thence N 00 degrees 22100" E 495.00 feet to the point of Beginning, containing 14.98 aams, more or less. Parcel 001-16794-000 HomasteadAB, LLG 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 7 Apart ofthe E i�, ofthe SW a/4 ofSection 31, T-17-N, R-304V, Washington County, Arkansas, being more particularly described as failows. Commencing at a found pin for the NE corner of the NE 3/4 ofthe SW K ofSection 31, T-17-N, R-30-W; thence 503 degrees 06'20" W, 1022.25 feet to a found iron pin fir the paint of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.80 feet to aset iron pin; thence N OZ degrees 52'05' W (E),170.41 feet to a set iron pffii thence (S) 87 degrees 30,29" E,326.20 feet to a setiron pin; thenceN 02 degrees 52'05" E,159.53 feet to a set Iroupin, thence S 87 degrees 30'29" E. 988.98 feet to the Point of Beginning, containing 8.76 acres, more orless. Parcel001-16608-000 H eyli ger Farntly Trust 2462 N. Hughmou nt Road Fayetteville, AR 72704 WD 2017-19425 ---- Part-ofthe Southeast Quarterofthe Southwest Quarter of Section Thirty-one (31), Township Seventeen 17)li7oitli,RaugzTh`ufy(3DJi"Tesf;morepar�cu7ariy�itescn a as olo ZO wiC From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 nunutes 0 seconds East 1677,40 feet from the Southwest corner of the Northeast Quarter of the Fractianal Northwest Quarter of Section 1, Township 16 North ofRange3I West, thence South 69 degrees 48 minutes 24 seconds West 1360.43 feet or to the West line ofsaid Southeast Quarter of the Southwest Qua rter of said Secti on 31, Town sbip 17 North, Range 30 FEX o�vPlB... ng Commlesil February 24, 2g: Agenda Item 2o.s995(Hughmount Anne Page 16 of: West; thence North along the West line of said 40 acre tract to the Northwest corner thereof, thence North 89 degrees 58 minutes 21seconds East 1319,47 feet to the point of beginning. Parcel001-11382-001 & 001.16809-201 Darrell Scott& Norma Kilgore 2360 N. Hughmount Road . . Fayetteville, AR 72704 WD 2007-26765 Apart of the fracdoaaI Northwest Quarter (NW V4) of Seeti on 1, Townsbip 16 North, Range 31 Westand a part of the Santh One Balf.(S'fr) of $ecti on 31, Township 17 North, Range 30 Wastoftbe Fifth Principal Meridian, Washington Ca unly. Aricansas, and, being more . particularly described as follows, to -wit Beginning at a pofntthat is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE sla) of the fractlonal Northwest quarter (NW Y4) of said Section L Township 16 Nortb, Range 31 West, thence N 37 degrees 58'10" E, 289.73 feet; thence N 45 degrees 41'SV E, 70.6 feet; thence N SS degrees 12'38"E, 67.83 feet, thence N 13 degrees 41'18" E 86.91 feed thence N 69 degrees 48'24- E, 140.86 feet; thence S I degree 40'08' W, 3 54.75 feet; thence S 77 degrees 27' 11" W, 437S6 feet to the point of beginning and containing 2 awes, more orless. Parcel 001-16807-002 & 001-16807.003 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A part of the SLY Y4 of the SW % of Section 31, T-17-N,11-30-W; Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which Is S 00 degrees 10 minutes 42seconds W.1854.85 feet from the NE corner of the SE:4 of Section 36, T-17-N, R-31-W, Washington County, Arkansas, and running thence S 69 degrees 53 minutes 56 seconds E, 1283.73 feet, thence S 00 degrees 02 minutes 09 seconds West 658,54 feet; thence N 89 degrees 57 minutes 37 seconds W,1285.37 feet thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 1-9.41 acres, more or less, Parcel Nos. 256-00001-000 through 256.00129.000 ---------- Lots-l-thraugb-E-ZS,�ndusiveand-Eo�nmon-Propoty}-LvtsGP4throngh-l;P9iinchtrsiv�a( ` '--- Hughmount V page, as per plat of said Subdivision in P1atBodh 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Oificio Recorder of Washington County, Arkansas. Planning Commission February 24, 2020 Agenda Item 8 2G6995 (Hughmount Annex) Page 17 of 25 Parcel001-16799-000 HughtnountVIDage.LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A part of the W Ih ofthe SW V4 of Section 31, T-17-11, R-3fl W, Washington County, Arkansas, being more particularly described as commenchrgfrom a found iron pin at the NW corner of the SW i4 of the SW i/s bfSection 31, T-17-N, R30-W, thence North 02'45'5YEast-1,317.63 feet thence North 02°25'SW -37.66 feet to the Point of Beginning of adjusted TractE, thence North 02°25'58" East1266.65 feet; -thence South 87024'26" Fast 659.72 feet, thence South 02°22'02" West 656.76 feet, thence South 0243339" West- 656.76, thence North 87'34'04" West138.59 fear thence North 02036'40" East 40.32 feet thence Nurtti 87"34'04" West 349.42 feet, thence North 02036'40" East 12.40 feet, thence North 6-34'04" West 171.15 feet to the Point o€Heglaning ofAdjusted Tract R, containing 1944 acres, more or less. Pared 0.01-16794-001 MichaeI1.Slape. . 2634 N. Hughmainat Road Fayetteville, AR 72704 ' WD 2007-20755 A part. ofthe E:h of the 5W'/s ofSeclion 31,T-1744, R-30 W, Washington County,Arkansas,being morn particularly described nsfanows: Commencing ata found iron pin for the NE corner of the ME 'A of the S'WY1 of said Section 31, T-17-N, R 30-W, thence S 03006`20' W,1022.25 feetto a found iron pin; thence N 87'30'29' W, 988.98 feet to a set iron pin for thepointol begimang; thence S 02-52'05" W,159.53 feet to a set imnptn; thence N 87°30'29" W, 32620 feetto a setiron pin; thence N.02°52'05'E,159.53 feet to a set iron pin; thence S 87"3079' E, 326.20 feet to the paint ofbeginuing, conialning L19 awes, more or less. Planning Commisek February 24, 20: Agenda Item 2"SSS(Hughmount Anne Page to of: 0 N NLj-2 i v3�2 u a 3 Oy�O NN �30 v�i mom Annexation Exhibit Yli(j��n'�r L T --.. nr F d1 "•''' LIERLY LANE '''• •:}j CLABBER CREEKS' H RSF4 b IV QIIVP wt P or 'SS..JAMESv '�• M.mi Mi• Di ! !' I ..gS q C CLABBER CREEK 2 vV`.•- m S I WY RSi �- ... � ,y N Y' W E s t: zm LU Zu. LDo: r------------1 oa£ TOTAL PROPERTYTO BEANNEXED} 1152 ACRES. I m. ®� L'------------i I ANX 20-6095 Rezoning r Exhibit R WILDFLOWER ME . -4. — RSF , ml';t rf. WfE GRAPHIC MALL s Zw Sys Y PZU RSF-4 CLABBER CREEK RSF-4 W, OlIve 1 antx20-6995 HUGHMOUNT RD AREA One Mile View NORTH 0 0.125 0.25 0.5 Miles Legend ❑ Fayetteville City Limits — — Shared Use Paved Trail Planning Area +t++++ Trail (Proposed) tj Fayetteville City Limits f i i 1 RSF + i i i � t + t rmsmwnus�xcvsw.var csmx.mx ®rea me.. c� o:rmcexcw. m 7.1 wwenseoximucrs vad..ox mx�.r-e euuxeozwux=mamma vcnrv,cxx Planning CoInmisslo --1'ebtvmp24, 202 Agenda Item 2M995 (Hughmcunt Annet Page 22 a( 2 ANX20-6995 Close Up View HUGHMOUNT RD AREA 3r l4 Subject Property :1?is,!�VJIW. DR ;( f a ♦ A Y♦ Y • yQ 7:C kiil Legend a _ _ _ Planning Area RSF-1 9 _ _ Fayetteville City Limits RSF-4 Feet Shared Use Paved Trail I P-1 - - - Trail (Proposed) 0 220 440 880 1,320 1,760 Building Footprint 1 inch = 600 feet Planning C m'ission 24,2020 Agenda Item 8 20L995 (Hughmount Annex) Pane 23 of25 e t � ., r ...... t w IiJ r a m • Y r1. • G µ • 1 T � r ' a J �x�l r-1Y � fri All. $ •r t�F 1 I.J t- �x � f•� + ey � S 1 ♦.. �+�� t 1 r'D. �' s � � f. ca3 M 1v cxf tl l� • `" �l t f{ �'pnt Nh IJ •� r>, r ft,.� t - F\ f. X'Y j fJ r #• r y r p r ,� § rj ��'$ �� I ul o- 1 CAS •• a � K3 x • 5 �r t S�I r ^_ > v ,,t j r ff tt `'ja � '"`•, !' v yr • • y • M ttJjJj C��Jj -•, 1� ?°'c j; y r r y r i w r. ..,s x b iA',..«._ p �rn...�t' a fi HALL ESTILLw May 11, 2020 VIA E-MAIL Garner Stoll 125 W Mountain Fayetteville, AR 72701 gsto ll@,fayetteville-ar.2ov Re: HUGHMOUNT ANX AND RZN Dear Garner: Rebell K-Rhoads 75N East Avenue. SWe 508 Fayellevilfe, AR 72701-5398 Direct Dial: (4791973.=2 Fams Tge: (479) 97US20 nhoads@ha11es51L= Pursuant to our prior conversations on the above referenced annexation and rezoning, I write this letter in hopes that the City's Planning Department will support both the annexation (in its entirety) and rezoning. BACKGROUND: the subject property of this annexation and rezoning was primarily owned by Ms. Johnelle Hunt and Phil Phillips, when around 2008, the City of Fayetteville inadvertently put sewer lines across the property without the owner's knowledge and without any sort of easement. As a result of that innocent mistake the City agreed to supply water and sewer to the property, see attached Exhibit A, the agreement and accompanying resolutions. As part of this agreement the City wanted the Hughmount Subdivision to be annexed into the City "as soon as legally possible". See Resolution No.17-14, Exhibit A. During the course of developing the subdivision the owners employed Rob Sharp, architect, and attached is a rendering from his file from the summer of2009 showing a land plat of the subdivision (Exhibit B). Note, this plat shows several phases of Hughmount Village as it was the expressed intent of the owners to have water and sewer supplied by the City for all of Hughmount no matter which phase they developed first and accordingly all phases annexed too, no matter if a peninsula was created. For economic and ...-DthenpracticaLcnnsiderations-ordyilmmid file. phaseJm.been.developed sn far_ nuringdiscussions._ - _. wit e t o e owners an r. arp tna ed—cTar, arii3 the City agreed, a water an — '--- sewer would be supplied to all phases of Hughmount Subdivision and it was the understanding of the parties then when the City Council voted and the Mayor signed the contact and the resolution that the entire subdivision (all phases) would be annexed into the City in part because the City did not want to have package or S.T.E.P. waste systems on any of this subject property. Therefore the City required Hughmount Village to be developed by City standards even though it wasn't yet in the City. As to date, the phase which was done first has been built out 100% and the owners now want to do the other phases which would include what is called Hughmount North on Exhibit C. Garner Stoll May 11, 2020 Page 2 REASONS TO ANNEX THE ENTIRE SUBJECT PROPERTY: Again, the first phase of Hughmount Village, that is currently 100% developed, has truly been built to the City's standards, as a quick drive through it will show. The Developers, at their cost, also improved the intersection of Hughmount Road and Mount Comfort and improved Hughmount Road to City standards, by adding two feet to each side and paving it. Further, the City issued and the owners paid approximately One Hundred Twenty Thousand Dollars ($120,000) for building and sewer permits. Developers of the existing Hughmount Village also met all other requirements such as but not limited to, planting approximately 333 trees (plus two tree bonds of$138,375 and $48,000), putting in trail sub -structure, dedicating park land, and etc. Regarding Hughmount North, it was to be the next phase and as stated before, was always part of the Hughmount Village Subdivision and was always meant to be serviced with water and sewer and be part of the annexation: As evidence of this you will note that the City has physically built and stubbed out two man holes on Hughmount North, which further shows the City's intent of bringing into the City this subject property including the North. That prior City Council's commitment to annex all of the subject property and the owners' reliance on it far outweigh the issue of creating a peninsula. Also note on Exhibit C about five (5) blocks east, the City already has an existing peninsula (and another one just a block further east) which could over time through future annexations connect to Hughmount North. Further, at the top of Hughmount North is where the City plans to have an east'to west street allowing for better traffic flow and less traffic on Mount Comfort Road, which the developer ofHughmount North will keep in mind as he plans the northern boundary. See Exhibit D outlining the City's present and future street plans. Please see Exhibit E that show the existing Clabber Creek Greenway and Trail System and the future trail system that would go into and be part of this annexation thereby allowing the City to achieve its objective of preserving greenways whenever and wherever possible (the Enduring Green Network). The City would also have the following advantages by passing this entire annexation: increased sales tax revenue, increased attainable housing, library millage, impact fees, etc. Note, that if any of this subject property develops under a county standards at some point the City will impact fees. Further, by annexing now the City can make sure the developments are done up to the City's grading, storm water. management tree preservation, building inspection, energy conversation, quality construction standards, and etc. standards. As noted in Exhibit C the subject property, if rezoned as requested by the owners, would be six (6) different categories:.Neighborhood Conservation; there is one area, RSF 1, for the Slape property that is currently in existence; RSF-4; Neighborhood Services along Hughmount Road Garner Stoll May 11, 2020 Page 3 would by definition provide services to the annexed property; and lastly. the Residential Agriculture would help the City in their City Plan 2040 goals and Enduring Green Network goals. For all the above reasons the petitioners respectfully request the Planning Department to support this entire annexation and rezoning. If I have misstated anything or if there are any questions please contact me as soon as possible so when we go to the City Council at least from a factual standpoint we are all on the same page. I look forward to working with you as always. Sincerel , Robert K. Rhoads, RKR:sIt cc: Mayor Kit Williams kwilliams0favetteville-ar_aov Clients 4454861. 1:005377:00001 EXHIBIT "A" SECOND AMENDMENT TO AGREEMENT TO ALLOW ACCESS TO CITY SEWERAGE SYSYTEM AND TO'IMPOSE DEVELOPMENT REQUIREMENTS WHEREAS, the developers/owners of Hugbmount Village, whose project is close to, but outside the Fayetteville city limits, desire to be allowed to connect to and use the City of Fayetteville sewerage system's wastewater facilities for their proposed residential development; and WHEREAS, the City of Fayetteville does not wish to grant owners/developers of Hughmount Village ,(or any similarly situated development) any advantage over owners/ developers who will build and develop property within the City of Fayetteville; and WHEREAS, on September 4, 2012, the City Council of the City of Fayetteville passed Resolution NO. 183-12 permitting such access, but the terms of the Contract were incompatible with the Conditional Use Permit issued for this development by Washington County so that an Amended Agreement was needed and approved by Resolution NO. 144-13 on June 18, 2013; and WHEREAS, the Developer now needs to remove the alleys from his development to be able to sell his lots and so slightly redesigned his plat which was approved by the Washington County Planning Board which granted a new Conditional Use for Project #2013-155, and WHEREAS, the City of Fayetteville is willing to allow developers/owners of Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon the developers/owners' express agreement to develop their residential project pursuant to all City of Fayetteville requirements for inside the city residential projects including: (1) All street frontage, density, lot area requirements, etc. as granted by the Conditional Use Permit approved by the Washington County Planning Board for Project #2013-155. (2) Apply for and successfully complete the full preliminary plat/final plat process including payment of all appropriate fees. (3) Comply with all grading, stormwater, tree preservation and other development requirements as if this development was occurring within the City of Fayetteville, --- .... ...... .. ._...._.._._.-,..... --- .._....._..__..... f41 Parfon —.._ .. ...._ . _ _ _. _ ..__...__ _ ... all n6ai its an�abbication fees aflIee norma tune including preliminary/final plat, building fees for each structure, and water, sewer, police, and fire impact fees. (5) To satisfy normal parkland dedication requirements, the City of Fayetteville Parks Board approved the dedication of 3.169 acres of land within Common Property 9 at their September 10, 2012 meeting. The exact limits of the park land dedication will be located west of the tree preservation area and will be determined at the Final Plat after drainage and utility improvements are constructed. In addition, the Developer shall dedicate a trail easement sufficient to connect from the crosswalk at Common Property 8 at Cotton Willow Drive to the southern border of the property,to meet a possible trail extension from the south from the Clabber Creek Trail. This trail and parkland shall remain the developer's or Property Owners Association's • duty to maintain in good condition (which duty shall be in an irrevocable restrictive covenant in each property's deed until and unless this entire parcel has been annexed into the City of Fayetteville). (6) Construct all infrastructure (except alleys which are no longer required to be constructed in Project #2013-155): streets, drainage, sidewalks, water and sewer mains to City of Fayetteville and Washington County standards as previously approved by the Fayetteville Planning Commission on March 25, 2013 (PPL 13-4304) and by the Washington County Planning Board on May' 2, 2013 (Project #2013-024) and recently amended by the Washington County Planning Board to Project #2013-155. Water and sewer infrastructure is to be dedicated to the City of Fayetteville, street and drainage infrastructure is to be dedicated to Washington County. HUGHMOUNi' VILLAGE OWNERS/DEVELOPERS, in consideration of being allowed to utilize the City of Fayetteville sewerage system and wastewater facilities for their proposed dev%elopment, do`hereby agree to all terms and conditions stated above and promise to -develop their property in full compliance with all requirements of the Unified Development Code. as if their development was inside the city limits. Further developers/owners of Hughmonnt Village pledge and promise to seek immediate annexation into the City of Fayetteville as soon as it becomes legally possible and to place this requirement within the covenants and.deeds for each property within its development In agreement with all the terms, conditions, pledges and promises above, the City of Fayetteville and the owners/developers of Flughmount Village sign below. HUGEMOUNT VILLAGE DEVELOPERS/ OWNERS By: Phil Phillips Title: Q0 ey Date Signed: 12 - 21- 13 Date Signed: 01-P9 -/'/ CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 2, 2020 ANX-20-6996 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Garner Stoll, Development Services Director DATE: May 29, 2020 CITY COUNCIL MEMO SUBJECT: Anticipated fiscal impact of Hughmount Annexation INTRODUCTION: During the discussion regarding the Hughmount annexation request on May,19, 2020, Council Member Petty inquired about the anticipated revenue this area might generate versus the additional anticipated costs for serving the area. This analysis is sometime called a `fiscal Impact" or a "cost/benefit' analysis. The numbers in the attached spreadsheets roughly simulate a one-time look at what a fiscal impact model might produce. Fiscal impact models are dependent not only on the actual numbers but also the underlying assumptions driving the model. Those assumptions are listed as footnotes on the attached spreadsheets. BACKGROUND: The attached spreadsheets were created by our GIS Department and the numbers were generated with the assistance of our Police and Fire Chiefs, Parks and Recreation Department, Engineering Division, and our Economic Vitality Director. As indicated on the spreadsheets, development in Fayetteville generates both one-time revenue and continuing annual revenue. ONE TIME REVENUE: The primary condition of the agreement to provide utility service to the existing Hughmount Village was to pay all fees and meet all conditions as if the development was already part of the _ .. _._incorporated citv of Fayetteville. Therefore, the 9 W n9 a homes have already_paid fre annexation they are relevant to the policy discussion as impact fees are primarily intended to off -set capital costs associated with growth. Fire impact fees already paid $19,800 Police impact fees already paid $21,384 Water and Sewer Impact fees already paid $243,276 Total fees already paid $284,460 Mailing Address: 113 W. Mountain Street www.myetteviiie-ar.gov Fayetteville, AR 72701 Assuming typical development generated in Fayetteville under the requested zoning districts, the undeveloped portions of the annexation request would generate the following additional one-time revenue: Additional fire Impact fees $28,500 Additional police impact fees $30,780 Additional Water and Sewer impact fees $350,170 Park in -lieu fees $206,910 Total additional one-time impact fees $616,360 Annual Revenue: Additional annual revenue consists of property taxes (real and personao internet sales taxes, State sales tax turnback revenue, and CDBG Block Grant: Annexed as proposed Build -out Total $64,828 (taxes) $99,393 $164,221 $21,627 (State tumback) $31,023 $52,650 $2,670 (CDBG) $3,830 $6,500 Total revenue: $89,125 $134,246 $223,371 Annual Costs: Annexed as proposed Build -out Total $75,365 $104,281 $179,646 SUMMARY: annual revenue modestly exceeds annual costs. Assuming an increasing percentage of internet sales tax revenue increases rapidly (see attached memo from Devon Howland). This calculation also does not assume any sales taxes from the areas that are proposed to be zoned Neighborhood Services Limited. The other critical policy assumption regards the status of the one-time impact fees. While the intent of impact fees is to require.growth to not create capital deficits, in this instance, these create surpluses due to existence of surplus capacity available to serve this area. For example, there is a 40" sewer line with ample existing capacity to serve this area_ The Parks Department does not anticipate adding additional parkland and the park fee -in -lieu could be used to upgrade the park facilities and benefit the larger area. Finally, more than 60% of Fayetteville's general fund budget comes from sales tax. The location of households with disposable income within Fayetteville's trade area will generate more sales tax than similar housing located in competing markets such as Farmington, Johnson, Springdale or unincorporated Washington County. nc 0 FromtheARKANSASMUNICIPALLEAGUE 2irdLNNtaw•P.0.8os38•tVcrthtii7leRock.AR72:75•(5ai)374.3484- August 29, 2019 TO: OFFICERS, EXECUTIVE COMMITTEE, ADVISORY COUNCILS, MAYORS, CITY ADMINISTRATORS, CITY MANAGERS, CITY CLERKS, RECORDERS, TREASURERS AND FINANCE DIRECTORS FROM: MARK R. HAYES, EXECUTIVE DIRECTOR SUBJECT: 2020 BUDGET INFORMATION The new League governing bodies, which were elected at the Convention or appointed by Mayor Harold Perrin, League President, metin Jonesboro last week. Several items considered will affect your budget preparations for 2020. League Service Charge. The Executive Committee retained the current service charge formula. The base charge is $40 plus 350 per capita with 7¢ per capita credits, determined on October is', for participation in each of the following programs: Municipal Legal Defense Program Municipal Health Benefit Program Municipal League Workers' Compensation Program Municipal Vehicle Program Municipal Property Program Also continued by the Executive Committee was inclusion of membership in the National League of Cities for all our members. Municipal Legal Defense Program. The Steering Committee and Board of Trustees for the Municipal Legal Defense Program retained the current service charge formula for 2020. The 2020 -----cb gea.rartge from$ta5_t2$29SLA�F_capita.deWndiDgj=D-YjDUL twill . ..?havptionald�ug.and leohol-testmgTnagram-forvbn--em=em¢ d-DnvemL-icense{CITL-}------- employees will continue to be availableand can be implemented by increasing your MLDP charge by 200 per capita. This program is underutilized and can save your city or town money and liability. Municipal Health Benefit Program. The Board of Trustees made some minor changes which will be effective January 1'% The 2020 Bylaws will be accessible online at httns://www.arml.ore/serviceshnhbn/. A Health -Workers' Compensation Seminar will be held in North Little Rock on November 13, 2019. If you are not currently participating in the MHBP and would like to receive a proposal for comparative purposes, please advise. 14 CITY 8. TOWN Municipal League Workers' Compensation Program. The Board of Trustees adopted the same rates as the Arkansas Workers' Compensation Commission for 2020 with the application of state mandated experience modifications (NCCI). They approved a 2% front-end discount for participating members with a cumulative loss ratio of 100% or less. They also approved a 1% discount for reporting estimated payroll timely. A Health -Workers' Compensation Seminar will be held on November 13, 2010 in North Little Rock. Municipal Vehicle Program. The Committee and Board of Trustees for the Municipal Vehicle Program approved amendments to the Program Bylaws and retained the current rates for 2020. The updated Bylaws will be accessible online at httos•//www annl ortJservices/benefit-programs/ Municipal Property Program. The Committee and Board of Trustees for the Municipal Property Program approved amendments to the Program Bylaws. The Committee also approved a 5% increase in rates effective 12-1-19 and optional deductible buy -downs for entities in Class I and Class 2. The updated Bylaws will be accessible online at https://www.anul.orpiservices/benefit-programs/. Turnback Estimates. Estimates for general tmback are as follows. The street tmback estimate includes proceeds from the highway % cent sales tax' and the severance tax. Street Tumback General Tumback Total Tumback $65.50 per capita $15.50 per capita $81.00 per capita 2020 (same as 2019) $65.50 per capita 115.50 per capita $8I.00 per capita APERS. For those municipalities participating in the Arkansas Public Employees Retirement System (APERS), the employer contribution will remain at 15.32% for 2020 and the employee rate will stay at 5%. We hope this information will be of assistance to you as you begin your budget preparations for 2020. -- -Please rec Uii§' z eent-s es tax rs finite- an�ilI ne onger a c6 ecte ' a--3 "s of`7une'i; 21i�3: A ' replacement''/a cent will be on the general election ballot in November 2020. Without the passage of the new % cent your street funding will dramatically plummet. GREAT C HTH ES MAKE A GREAT STATE SEPTEMBER 2019 15 Already Paid Annexed as Proposed Park Fees In -Lieu "1 0 0 Fire Impact Fees "2 $19800 0 Police Impact Fees ""3 $21:384 0 Water & Sewer Impact Fees "a $243,276 0 "1 The existing Hughmourd Village subdivision has already dedicated sufficient parkland, therefore all additional devt "2 The existing development has already paid Impact fees for fire protection, therefore all additional development Is e "3 The existing development has already paid impact fees for police protection, therefore all additional development f: "4 The existing development has already paid Impact fees for water and sewer service, therefore all additional develol Added By Proiected Buildout Total After $28,500 $28,500 $30,780 $30,780 Mopment Is expected to generate fees In4leu at $1,089 per single family household xpected to generate fees in the amount of $150 per single family household (per Municode chapter 159.04) s expected to generate fees in the amount of $162 oersingle family household (per Municode chapter 169.03) oment is expected to generate fees In the amount of $1,843 per single family household (per City of Fayetteville Water & Sewer De Fire Protection '•1 Police Protection "2 Park Maintenance ••3 Street Maintenance ••4 0•1 Estimates per Fayetteville Fire Department •'2 Estimates per Fayetteville Police Department ••3 Estimates per FayettevRk: Parks and Recreation Department •" 4 Estimates per Per FayettevRle Engineering Division Annexed as Proposed Added By Projected Buildout $439 $5,050 $32,926 $47,231 $8,000 $0 $34,000 $52,000 Total After Buildout $5,489 $80,157 $8,000 $86,000 r jltCITY OF FAYETTEVILLE ARKANSAS �d TO: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CC: Chung Tan, Business Development Manager FROM: Devin Howland, Director of Economic Vitality DATE: May 27, 2020 SUBJECT: March 2020 Sates Tax Analysis Report STAFF MEMO DISCUSSION: Taxable sales totaled 192,834,866 for the month of March (up'/: of a percent). Rebates did return in the education sector for.the first time in several months (-$2.3 million worth). Retail trade witnessed the only notable growth, up 8% or an increase of $8.8 million'in sales. Retail sales totaled $115 million. Retail trades growth stemmed from grocery stores (up 22% for an increase of $2.1 million in sales) and online shopping (up 132% for an increase of $4.7M- the largest increase in this category we have seen) and General Merchandise stores such as Wal-Mart (up 22% or $7.5 million in sales). INTERNET SALES TAX: Without internet sales, the City would have been down 2.1 % overall. Internet sales totaled $8.4 million: Online5hopping Mar-19 Mar-20 %Change Value Change Online Shopping $3,624,759.0D 1 $8,421,388.00 1132Y. $.4;756.6900: ACCOMODATION AND FOOD: As expected, this sector was hit extremely hard in March. Overall, accommodation and food took a loss of 26% in sales, down $7.8 million compared to March in 2019. Hotels witnessed the largest percentage impact, down 56% or a decrease of $2.8 million in sales.. Restaurants and -- drinking-establishments-were-also_hit-harrJ — — --- RETAIL TRADE: Department stores were down 70% for a reduction of $3.2 million in sales. Grocery stores were up 22% for an increase of $2.1 million.in sales. General Merchandise stores such as Wal-Mart and Target were up 22% as well, for an increase of $7.5 million. General merchandise totaled $41.5 million in sales (nearly meeting December sales levels for this sector. All non -essential shopping was impacted A line by line review of the charts below reveals even more insights. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 TOTAL NAICS SALES Mar-19 Mar-20 % Change 292,051,162 192,834,866 0.4% 12-Agriculture, Forestry, Fishing and Hunting 190,943 245,228 .28% 22-Utilities 8,971,300 . 7,926,050 -12% 23-Construction -1,232,329 917,061 -174% 31-Manufacturing 8,132,792 7,825,412 -4% 42- Wholesale Trade 12 858,603 .14,136,379 10% 44-Retail Trade 107,081,956 115,973,782 . . 8% 48-Transportation and Warehousing 276,359 -$4,795 -M% 51-1nf6rmallan .: '7,341,067 6,324,724 -14% 52= Finance and insurance 15s,113 -- 225;117 42% S3- Real Estate and Rental and Leasing 4,463,088 3,994,204 -131Y. 54- Professional, Sdentifi and Technical Services 1,W7,025 890,257 -17% 56-Administrative, Support; Waste Management, and Remediation Semia 3,511,908 $4,285,153 22% 61- Educational Sendces: - -1,047,800 -Z,257702 115% 62- Health Care and Social Assistance -413,575 -24; 72 -159'� 71-Arts, Entertainment, and Recreation 1,488,231 1,289,363 ' -13% 72.Aaommodation and Food Services _ 30,669,g11 22,812,240 81= OtherServices(except Public Administration 6,159,718 6;954,321 . 13% 92- Public Administration -173.057 - U- Mining and Gas Extraction 99 - Other 2,370,797 1,421,350 .-40% Accomodation and Food 72) Mar-19 Mar-20 % Change 72'- Acmmmodatioo and Food Services $30,669,011 $22,812,240 -26% 7211-TravelerAccorrimbdation (USA/CAN/MEX) $5,023,838 $2,206,774 -56% 7221-Full-Service Restaurants $14,881,580 $1I,154,219 -25% 7222-Umited-Service Eating Places $3,241,704 $2,083,179 -36% 7223-Special Food Services (USA CAN MEX) $1,119,362 $744,579 -33% 7224- Drinking Places (Alcoholic Beverages) USA/CAN/MEX) $791,556 $697,315 -12% 7225- Restaurants and Other Eating Places USA/CAN/MEX) 1 $5,610,9711 $5,926,176 6% 04 Mar-19 Mar-20 %Change Retail Trade $107,081,956 $115,9B,7828% Automobile Dealers $1,944,102 $2,298,929 1891. Automotive Parts; Accessories; and Tire Stores $2,656,56) $2,388,510 -10% Beer; Wine; and Li uorStores $2,353,473 $2,705,351 15% Book Stores and News Dealers' - $137,738 $353,087 156% . Building Material and Supplies Dealers $13,148,258 $14,941,551 9% Clothing5tores . $6,542,679 $3,667,957 -44% Department Stores , $4,683,197 $1,422,400 -70•/ Direct Selling Establishments $505,500 $401,765 Electronic Shopping and Mail -Order Houses.. •' $3,624,759 $8,421,383 -132% Electronics and Appliance Stores - $7,130,503 $6,085,302 -15% 'Florists $204,553 $180,033 -12% Furniture Stores $1,233,394 .$1,625,847 32% Gasoline Stations:,- $1,403,950. $1,506,750 - 7% Grocery Stores $9,420,777 $11,505,778 .22% Health and Personal Care Stores - $3,180,388 $2;917,366 -8% Home Furnishings Stores' - $1,886,689 $1,906,418 1% Jewelry; Luggage; and Leather Goods Stores $638,942 ..$426,312 -33% Lawn and Garden Equipment and Supplies Stores $131,702 '. $206,389 57% Office Supplies; Stationery; and Gift Stores... $1,645,465. $L155,431 -32% Other General Merchandise Stores $33,949,22 $41,507,947 22% Other Miscellaneous Store Retailers $2,223,238 $3,874,150 M. Other Motor Vehicle Dealers $109,432 $136,027 24% Shoe Stores $1,882,314 $1,003,144 -47% Specialty Food Stores $85Z996 $902,918 6% Sporting Goods; Hobby; and Musical Instrument Stores $4,344,316 "$3,886,208 -11% Used Merchandise Stores $588,932 $534,029 -9% Vending Machine Operators $8,968 $12,800 43% INTERNET SALES Already Paid Annexed as Proposed Estimated Annual Benefits $64,828 Estimated Annual Costs $75,365 Annual Benefit/Cost Ratio 0.86 Estimated One -Time Benefits $284,460 "t Assuming that all undeveloped land Is developed In a similar Passion to the e)dsting Hughmount Village Subdivision $0 Added By Projected Buildout -, $99,393 $104,281 0.96 Total After Buildout $164,221 $179,646 0.91 $266,190 $266,190 Estimated Population •-i Estimated Households ••x Real and Personal Property Tax Revenue "2 Internet Sales Tax Revenue '•3 " 1 Estimated population = Residential Addresses x 2.02 (par occupied rest "2 The total estimated property tax revenue to the city from the annexation For parcels with the homestead credit applied: ((Total Assessed Value • 02) -375+ (Personal Properly' 0.2))' ((6.8+ 0.8E For parcels without the homestead credit applied: ((Total Assessed Value+ Personal Property)' 0.2) • (6.8 + 0.88)11000 The 6.6 constant used represents the city property tax migage. The 0.88 constant used represents the city road property tax miltage. The 375 is the homestead credit. The 0.2 is the 20% of the assessed value on which taxes are paid. "3 Assuming $3,000 in taxable Internet sales for each household each year Annexed as Proposed 267 132 $56,908 $7,920 deuce -Census) Added By Projected Buildout 383 190 $87,993 $11,400 Is estimated to be $56,480.19, as determined by the following formulas for the parcels to be annexed: t) / 1000) per City of Fayetteville Economic Vitality Director, the city captures 2% of these sales In tax revenue Total After Buildout 650 322 $144,901 $19,320 Fire Protection -•i Police Protection "2 Park Maintenance K•a Street Maintenance ••4 "1 Estimates per Fayetteville Fire Department '•2 Estimates per Fayetteville Police Department 0*3 Estimates per Fayetteville Parka and Recreation Department •14 Estimates per Per Fayetteville Engineering Division Annexed as Proposed $439 $32,926 $8,000 $34,000 Added By Projected Buildout $5,050 $47,231 $0 $52,000 Total After Buildout $5,489 $80,157 $8,000 $86,000 Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF TITS CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams QryAttorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal CC: Susan Norton, Chief of Staff Garner Stoll, Development Servic� ector FROM: Kit Williams, City Attorney_ DATE: June 3, 2020 RE: Can a City choose to annex only a portion of the territory within the County Judge's "Order granting the petition and annexing the territory?" I am now confronted with an issue about an annexation that I have never heard about before, nor which I can find an Arkansas Supreme Court decision or Arkansas Attorney General Opinion discussing. Fayetteville s Planning Department would appear to prefer granting annexation of only a portion of the property in annexation petition granted by the Washington County Judge. Planning has pointed out that the northernmost portion of the land proposed to be annexed by its owners forms a type of peninsula that is not generally desired. Regardless of any policy concerns or arguments, the question is: Can the City Council legally amend the annexation ordinance to exclude the "northern peninsula" and grant annexation to the remainder? My first inclination would be to say "Yes." The City Council has tremendous discretion whether or not to aL7ree to a n;nAv'. Hnn only what the City desires, but not a portion of what has been offered that we do not want? This issue is also not directly answered by the statutes. However, there are several parts of these annexation statutes that point to the lack of this discretionary authority. Right at the start of the Annexation, Consolidation and Detachment By Municipalities Chapter, the Legislature states: "Before an entity undertakes an annexation_.., the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant. annexation ...:' A.C.A. §14-40-101 (emphasis added). If the City Council attempts to change the territory to be annexed after it has already been approved by the County.Judge, we certainly would not be in compliance with the "before" requirement. Then when we look at the Subchapter 6 - Annexation Proceedings By Adjoining Landowners which is how this annexation petition and ordinance is being presented to you, we see in A.C.A. §14-40-603 Order for annexation the following. "(1)f the court shall be satisfied that the limits of the territory.to be annexed have been accurately described and an accurate map thereof made and filed, and that the prayer of the petitioner is right and proper, then the court shall enter its order granting the petition and annexing the territory." (emphasis added) Then in A.C.A. 914-40-609 Annexation by 100% petition - Definition, that after the County Judge was granted the landowners' petition, the Judge will "forward the petition and order to the contiguous city..." The statute then makes it clear what the city can then do. "By ordinance or resolution, the city or town may grant the ,petition and accept the property for annexation to the city or town. (B) The city or town is not required to grant the petition and accept the property petitioned to be annexed. (2) The ordinance or resolution shall contain an accurate description of the property to be annexed." (emphasis added).' The statutes' many references to "the property" As opposed to "a portion of the property" or "property agreeable to the City Council", etc. appear to me to to decide whether or not Council Members believe it is in the best interest of Fayetteville to annex the proposed property. However, my legal advice is that this must be an all or nothing decision. The City Council may not opt to annex only a portion of the property granted annexation rights by the County Judge and petitioned by its owners. 2 CityClerk From: CityClerk Sent: Tuesday, June 2, 2020 2:57 PM To: bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville- ar.gov; citycouncil@matthewpetty.org; geads@fayetteville-ar.gov; groberts@fayettevlle-ar.gov,jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov; krogers@fayetteville-ar.gov, kwilliams@fayetteville-ar.gov; lbranson@fayetteville-ar.gov; Ijordan@fayetteville-ar.gov; Mathis, Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov; snorton@fayetteville-ar.gov; Thurber, Lisa; wardl-posl @fayetteville-ar.gov; wardl-pos2 @fayetteville-argov; ward2_posl @fayetteville-ar.gov; ward3_posl @fayetteville-ar_gov; ward3-pos2@fayetteville-ar.gov; ward4_pcsl @fayettevill e-ar.gov; ward4-pos2 @fayetteville-ar.gov Cc: Stoll, Gamer, Curth, Jonathan Subject: FW: Concern with Hughmount Area Annexation Request Good afternoon, Please see the public comment below that I received today. This is in regards to the Hughmount items at Council tonight. I have responded to the resident but it is my understanding that the Clerks Office will distribute the item to Council and/or Garner will verbalize the concerns during staffs presentation. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurthCafavettevi Ile-ar.zov 479.575.8308 Website I Facebook 1 Twitter I Youtube From: Albert Cheng lmalito:albert.ad@Rmail.coml Sent: Tuesday, June 02, 202010:42 AM To: Curth, Jonathan <lcurth@fayetteville-ar.aov> Subject: Concern with Hughmount Area Annexation Request Hi Jonathan, My name is Albert Cheng and I'm a resident in Hughmount Village. A neighbor directed me to you to submit input on the request to annex the area around Hughmount Road as the City Council hears the proposal. You have perhaps already heard this concern, but I would like to go on record as well. I'm mostly concerned whether our current road infrastructure can support a lot more residents. I'm happy to welcome more folks into the neighborhood, but I worry about the impact of increasing traffic. In particular, the intersection where Hughmount Road meets Mt. Comfort/Wheeler Road already has a dangerous bend. I understand that some improvements have been made there but i am unsure if they are sufficient to accommodate a lot more development at the moment. It seems much more needs to be done or at least considered — not just at that intersection but all around -- before moving forward. Thanks for listening and for your service, Albert Paxton, Kara From: Williams, Kit Sent: Thursday, June 25, 2020 3:43 PM To: Curth, Jonathan; Resz, Gregory; Paxton, Kara Cc: Jorgensen, Todd Subject: RE: Hughmount Annexation Kara should substitute this new correct version for the older slightly incorrect description. From, Curth, Jonathan Sent: Thursday, June 25, 2020 2:56 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Resz, Gregory <gresz@fayetteville-ar.gov>; Paxton, Kara <kapaxton @fayetteville-ar.gov> Cc: Jorgensen, Todd <tjorgensen@fayetteville-ar.gov> Subject: RE: Hughmount Annexation Kit, Correct. This is the legal description that Greg indicated to Planning staff ought to have been used. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@favettevllle-ar.¢ov . 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2.48 PM To: Curth, Jonathan <ICUrth@faVetteviIIe-ar.eov>; Resz, Gregory <Rresz@faVetteville-ar.eov_>; Paxton, Kara <ka oaxto n (afavettevi I le -a ngov> Subject: RE: Hughmount Annexation Jonathan; I assume you took this from the tiny font on the plat. This is the correct legal description? If so, this should be . all we need. Kit From: Curth, Jonathan Sent: Thursday, June 25, 2020 2:43 PM To: Williams, Kit<kwilliams(Wfavettevilie-ar.gov>, Resz, Gregory<gresz(afayetteville-ar.eov>; Paxton, Kara <kaoaxtcm I? yetteville-ar.eov> Subject: RE: Hughmount Annexation Kit, Keith warned me that it was not attached, but it appeared to send, apologies. Here is my second attempt. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@favetteville-a r.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 2020 2:42 PM To: Resz, Gregory <gresz@favetteville-ar.goy>; Curth, Jonathan <icurth@favetteville-ar.gov>; Paxton, Kara <ka Paxton@favetteville-ar.gov> Subject: RE: Hughmount Annexation Kara, i did not receive Jonathan Curth's attachment. Did you? From: Resz, Gregory Sent: Thursday, June 25, 2020 2:31 PM To: Curth, Jonathan <1curth@favetteville-ar.gov>; Williams, Kit <kwiliiams@favetteville-ar.gov>; Paxton, Kara <kapaxton@favetteville-a r.gov> Cc: Macedo, Keith <kmacedo@favetteville-ar.gop- Jorgensen, Todd <tioggensen@favetteville-ar.gov> Subject: RE: Hughmount Annexation All, I am going to be out this afternoon through July 6. If you need anything further from GIS on this, please contact Todd Jorgensen and he will help any way he can. Greg Resz, LISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 oresz(c favetteville-ar.gov Website I Facebook I Twitter I Instagram j YouTube FAYETTEVILLE ARKANSAS From: Curth, Jonathan <1curth@favetteville-ar.gov> Sent: Thursday, June 25, 202012:29 PM To: Williams, Kit <kwifliams@favetteville-ar.gov>; Paxton, Kara <kapaxton@favetteville-ar.gov> Cc: Macedo, Keith <kmacedo@favetteville-ar.gov>; Resz, Gregory <gresz@favetteville-ar:gov> Subject: RE: Hughmount Annexation Kit and Kara, Will the attached suffice? Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icu rth0favetteville-a r.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Williams, Kit Sent: Thursday, June 25, 202011:26 AM To: Resz, Gregory <greszPfavetteville-ar.goy> Cc: Curth, Jonathan <icurth@favetteville-ar.go_v>; Macedo, Keith <kmacedo@fayetteville-ar-gov>; Paxton, Kara <ka oaxto n (Wavettevi I le -a r.gov> Subject: RE: Hughmount Annexation Thanks Greg. I have asked the City Clerk to wait until you could get her the correct legal description before filing this with the County and State.- Can you please give us a copy of the legal description on one 8 by 11.5 page that is readable and can be filed as an exhibit to the annexation ordinance? Kit From: Resz, Gregory Sent: Thursday, June 25, 202011:17 AM To: Williams, Kit<kwiliiams0fayetteville-ar.gov> Cc: Curth, Jonathan <icurthPfavetteville-ar.gov>; Macedo, Keith <kmacedo@fayetteville-ar.gov> Subject: FW: Hughmount Annexation Kit, I believe that I have found a scrivener's error in the Hughmount annexation. Please find attached a PDF showing the boundary survey done by Jorgensen & Associates that was intended to be part of the ordinance. Without this document, the property descriptions depict a hodge-podge of gaps, overlaps, and inconsistencies in our new City limits. Thank you. Greg Resz, GISP GIS Manager City of Fayetteville, Arkansas T 479.444.3431 areszCla fayetteville-ar.gov Website Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS ARCHIVE® "O� `TH " F ' � "RK ++ "" '"' ^4_®�l._y, 1�� Ordinance: 6317 2020-0263 File NumberEAUA „�� APPEAL: ANX20�995 X20-6995 i, JTyYliilll iF{,WT (HUGHMOUNT RD. NORTH OF MT. COMFORT./HUGHMOUNT ANNEX): P.O. BOX 1E07. FAYETTE4ILL'e, AR, 72702. 479-442-1700 • FAX: 479-o954PS • LwiviNWADG.COM AN ORDINANCE TO APPROVE ANNEXATION PETITION ANX 20- 6995 AND ANNEX 152.00 ACRES LOCATED ALONG HUGHMOUNT ROAD NORTH OF AFFIDAVIT OF PUBLICATION MOUNTCOMFORT WHEREAS, The annexation petitioner has properly secured the Washington I, Brittany Smith, do solemnly swear that I am the AccountingLegal Clerk of the g co" Judge's authodzstion to annex Northwest Arkansas Democrat -Gazette, a daily newspaper printed and 152.00 acres located along Hughmount Road North ofMount Comfort into the published in said County, State of Arkansas; that I city, of Fayetteville; and was so related to this Publication at and during the publication of the annexed legal advertisement WHEREAS, Uw City Council passed the City Resolution 193-12 on September 4, 2012 the matter of: Notice pending in the Court, in said County,and at the dates of to avow the the several publications of said advertisement stated below, and that during said extension of the city's sewerage system beyond the city limits to the Hughmount periods and at said dates, said newspaper was printed and had a bona fide P P Village and circulation in said County; that said newspaper had been regularly printed and WHEREAS, the contract associated with AS, the cont Resolution 133-12 required die published in said County, and had a bona fide circulation therein for the period of P dwege to lownge of promise Village to "pledge and promise to seek to one month before the date of the first publication of said advertisement; and that immediate annexation into the city of said advertisement was published in the regular daily issues of said newspaper Fayetteville as seen as it becomes as Stated below. NOW. THERy pEFORE. BE IT OF THE CITY OF FAYETTEVILLE, City of Fayetteville ARKANSAS: Ord 6317 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Was inserted in the Regular Edition on: Fayetteville, Arkansas of about 152.00 acres described in Exhibit B and the June 14, 2020 map shown onExhibit A both attached to the Planning Deparameats agenda Publication Charges: $133.76 Section2: That the City Council ofthe City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential AgriculturaL 5.a9. Section 3: That the City Council of the Brittany Smith City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this amexation and zoning. _..._. _....._... _.. .. ........ . .........._ ...... _.. _..... ._ ..___.... ....... .. _.. ...... ...._. ..Scction4�-nalrhocily.Goundtaf-the - Subseribed-and womto-before-me - — 'tyofrayattevillc,.Arkansasheneby— assigns this 152.00 acres to Ward Four This 11 day of , 2020. � ��-� ^ of the City orrayelteville. eRINE STA6('S PASSED and APPROVED on 6i471020 v ` ^Jk7V OATH- 12402Y72 Approved: MY COMti11S5'ON 0 2. 209.5 LionddApproved: Jordan, Mayor f ya v,l.P_e, � ;r•rc*,a: �._ E%FIFES, fetn'cty Attest: -";�ia; WasYrin910p0°z,,. Kam Paxton, City CkrkTreaswer Notary Public * ' 75283275 June 14, 2020 My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Parcel 001-16806-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 3 Part ofthe NE:V4 of the SW Y4 of Section 31, T-17-N, R 30 W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point 528.00 feet South of the NE corner of said 40 acre tract, and running thence S 89 degrees 45'00" W 1320.00 feet; thence South 495.00 feet; thence N 89 degrees 45'00" A 1316.81 feet; thence N 00 degrees 22'00" E 495.00 feet to the Point of Beginning; containing 14.98 acres, more or less. Parcel 001-16794-000 Homestead AB, LLC 659 Randall Wobbe Road Springdale,AR 72764 WD 2011-29675 Property 7 A part of the E Ih of the SW 1V4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at a found pin for the NE corner of the NE :V4 of the SW V4 of Section 31, T-17-N, R-30-W, thence S 03 degrees 06'20" W, 1022.25 feetto a found iron pin for the Point of Beginning; thence S 03 degrees 16'51" W 330.06 feet to a found iron pin; thence N 87 degrees 30'14" W 1312.60 feetto a set iron pin; thence N 02 degrees 52'05" W (E),1,70.41 feet to a set iron pin; thence (S) 87 degrees 30'29" E, 326.20 feet to a set iron pin; thence N 02 degrees 52'05" E,159.93 feet to a set iron pin, thence S 67 degrees 3079" E, 988.98 feet to the Point of Beginning, containing 8.76 acres, more or less. Parcel 001-16808-000 Heyliger Family Trust 2462 N. Hughmount Road Fayetteville, AR 72704 WD 2017-19425 Part of the Southeast Quarter of the Southwest Quarter of Section Thirty-one (31), Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to - wit From the Northeast corner of the Southeast Quarter of the Southwest Quarter, Section 31, Township 17 North, Range 30 West, proceed South 00 degrees 39 minutes 43 seconds West 725.1 feet or to a point which is 1316.76 feet East and North 0 degrees 57 minutes 0 seconds East 1677.40 feet from the Southwest corner of the Northeast Quarter of the Fractional Northwest Quarter of Section 1, Township 16 North ofRange31 West, thence South 69 degrees 48 minutes 24 seconds West 1360A3 feet or to the West line of said Southeast Quarter of the Southwest Quarter of said Section 31, Township 17 North, Range 30 x West; thence North along the West line of said 40 acre tract to the Northwest corner thereof; thence North 89 degrees 58 minutes 21seconds East 1319.47 feet to the point of beginning. Parcel 001-11382-001 & 001-16809-201 Darrell Scott & Norma Kilgore 2360 N. Hughmount Road Fayetteville, AR 72704 WD 2007-26765 A part of the fractional Northwest Quarter (NW 1/4) of Section 1, Township 16 North, Range 31 West and a part of the South One Half (S'h) of Section 31, Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington county, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point that is North 806.54 feet and West 237.95 feet from the Southwest corner of the Northeast Quarter (NE 2/4) of the fractional Northwest Quarter (NW Y4) of said Section 1, Township 16 North, Range 31 West, thence N 37 degrees 5810" E, 289.73 feet; thence N 45 degrees 41'55" E, 70.6 feet, thence N 55 degrees 12'38" E, 67.83 feel; thence N 13 degrees 41'18" E 86.91 feet; thence N 69 degrees 48'24" Ej 140.86 feet; thence S 1 degree 40'08" W, 354.75 feet; thence S 77 degrees 27'11" W, 437.56 feet to the point of beginning and containing 2 acres, more or less. Parcel 001-16807-002 & 001-16807-003 Homestead AB, LLC 659 Randall Wobbe Road Springdale, AR 72764 WD 2011-29675 Property 6 A partof the SW 1/4 of the SW U of Section 31, T-17-N, R-30-W; Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is S 00 degrees 10 minutes 42 seconds W,1854.85 feet from the NE corner of the SE V4 of Section 36, T-17-N, R-31-W, Washington County, Arkansas, and running thence S 89 degrees 53 minutes 56 seconds E,1283.73 feet; thence S 00 degrees 02 minutes 09 seconds West 658.54 feet; thence N 89 degrees 57 minutes 37 seconds W,1285.37 feet; thence N 00 degrees 10 minutes 42 seconds E, 660.00 feet to the Point of Beginning, containing 19.41 acres, more or less. Parcel Nos. 256-00001-000 through 256-00129-000 Lots 1 through 128, inclusive, and Common Property Lots CP1 through CP9, inclusive, of Hughmount Village, as per plat of said Subdivision in Plat Book 24 at Page 56 and Plat Book 24 at Page 60 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County; Arkansas. A4-quq Parcel001-16799-000 HughmountVillage, LLC 2600 Charis Lane Springdale, AR 72764 WD 2015-2401 A partof the W % of the SW'/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as commencing from a found iron pin at the NW corner of the SW'/4 of the SW'/4 of Section 31, T-17-N, R-30-W, thence North 02'45'51" East-1,317.63 feet, thence North 02°25'58"-37.66feet tothe Point of Beginning of adjusted Tract13, thence North 02"25'58" East 1266.65 feet; thence South 8702426" East 659.72 feet, thence South 02°22'02" West 658.76 feet, thence South 02033'39" West- 658.76, thence North 87034'04" West 138.59 feet, thence North 02036'40" East 40.32 feet, thence North 87434'04" West 349.42 feet, thence North 02036'40" East 12.40 feet, thence North 87"34'04" West 171.15 feet to the Point of Beginning of Adjusted Tract B, containing 19.44 acres, more or less. Parcel001-16794-001 Michael L. Slape 2634 N. Hughmount Road Fayetteville, AR 72704 WD 2007-20755 A part of the E'A ofthe SW'/4 of Section 31, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows. Commencing at a found iron pin for the NE corner of the NE % of the SW'/4 of said Section 31, T-17-N, R-30-W; thence S 03"06'20" W,1022.25 feet to a found iron pin; thence N 87030'29" W, 988.98 feet to a set iron pin for the point of beginning; thence S 02052'05" W,159.53 feet to a set iron pin; thence N 87"30'29" W, 326.20 feet to a set iron pin; thence N 02052'OS"E,159.53 feet to a set iron pin; thence S 87"30'29" E, 326.20 Feet to the point of beginning; containing 1.19 acres, more or less. Aq " 170 Mr. Fayetteville Aayor. Lloneld Jordan 1. Code r440.10f. r m enmy mdcd el en aem, -a ,? wn v W. ft {xoceeMg rrMar h v, Ne ,nay A'Mdco jd wile n. offl k, P. hlo IMafl bl n1 A .. d1 empemwn f r IeI awns and dgxel mxvnMB lar the of emaxown, o>n/eGdewn, and munlamos !ap wnbined hemh Is eddonm, dry hae melmquLernmw a! Au dM5 I.�J fieaY Q ro.e w.n �y® waw w/Ya1 x�gmwWnx t. jvYrem.n 0 0.04 0.00: 0.10 MPea i 1,1 An FAN/A/ OI/ OIIIC/ I AnenICEY41pIwSYW11eE0E4 ARKANSAS GIS OFFICE May 13, 2019 Ms. Jessica Wooten Residential Title Manager City Title & Closing LLC 1450 E Zion Road Suite 7 Fayetteville, AR 72703 RE: City of Fayetteville Annexation Coordination Requirement Ms. Wooten, Thank you for coordinating with our office as you seek to annex property into the City of Fayetteville, AR described as the Hughmount Annexation located in Section 31, Township 17 North, Range 30 West and Section 1, Township 16 North, Range 31 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 90th 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, Jennifer Wheeler, GIS Analyst /]w Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H: \Clty_.nnexatIons\Cities\Fayetteville\20190508\Doc\20190508_Fayetteville�Annexatla n_Caordination_Letter. doa ARKANSAS GIS OFFICE • 1 CAPITOL MALL SUITE 60 • LITTLE ROCK . ARKANSAS • 72201 PHONE (601) 682-2767 • www.gis.arkansas.gov • FAX (601) 682-6077 WD 2015-2401 Parcel 256-00001-0 256-001 Property WD 2017-19425 Property 6 WD 2007 Proposed Annex "Hughmount Annexation": City of Fayetteville May 2019 -2!j- _._.. y — - 1- a L _ - Ij i f City: Fayetteville Mayor: Lioneld Jordan Arkansas Code 14-40-101. Before an entity undertakes an annexation, consolidation, or detachment proceeding under this chapter, the entity shell coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant annexation, consolidation, and detachment areas. The map contained heram, is evidence, the entity has Mel rsoukemehls of Act 914 of 2015 1. �••t aMbne "'se'er M,no, eee, Aee.ee E.Y"C., ll'g°` weeevlM ter t _ , CPunN 9awary 0 0.04 0.06 0.16 Miles A AN I(A NSAS [JL OFFICE I APMullrr •' •n FeIRI1eMIle1�O11a50T EXHIBIT