No preview available
HomeMy WebLinkAboutOrdinance 6485 IIIMEENEINIUNINIMII IIIII IIIII IIIII IIII IIt Doc ID: 020151420004 Type: REL Kind: ORDINANCE o,,,,, Recorded: 09/30/2021 at 03:26:38 PM Fee Amt: $30.Oo Pape 1 of 4 7- Washington County, AR _ Kyle Sylvester Circuit Clerk � q ;) File2021-00037773 �RK,r+S", 113 West Mountain Street Fayetteville,AR 72701 ARCH IV�iL� Ordinance: 6485 File Number: 2021-0682 ANX-2021-002(1287 N.54TH ST./NORTHSTAR CONSTRUCTION): N t� AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION =' cn PETITION ANX 21-002 SUBMITTED BY KUTAK ROCK, LLC ON BEHALF OF i NORTHSTAR CONSTRUCTION FOR PROPERTY LOCATED AT 1287 NORTH 54TH — . r N STREET CONTAINING APPROXIMATELY 10.25 ACRES � j •• WHEREAS,NorthStar Construction has properly secured the Washington CountyJudge's :,., ,, If- authorization to annex 10.25 acres located at 1287 North 54th Street. 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 that property described in Exhibits A and Exhibit B attached hereto and made a part hereof. 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. Section 4: That the City Council of the City of Fayetteville,Arkansas hereby assigns this 10.25 acres to Ward Four of the City of Fayetteville. Page 1 Printed on 9/22/21 Ordinance: 6485 File Number: 2021-0682 PASSED and APPROVED on 9/21/2021 Approved, Attest: Lioneld J• dan, : or Kara Paxton, City Clerk Treasurer Page 2 Printed on 9/22/21 ANX-2021-000002 NorthStar Construction ANX-2021-000002 Close Up View EXHIBIT 'A' 2 7 ' G. ' ' Rl , itla s 7� ERELIANCE ST ALLEY-1449 ; +' is-tit it iii. '-Ili ' CHATTEL-ST • • • ALLEY 1381 w . Subject Property I > Q z TO FOUNTAIN ST O a 1ALLEY1315 _ RI LEGACY-ST w y w c.9 I- EE w I W i > Q c � 2 t ,_ 71- NORTH Residential-Agricultural • • Planned Residential Link RSF-1 Hillside-Hilltop Overlay District RSF-4 LP 'Planning Area Feet RI-12 L _ 'Fayetteville City Limits ® RI-U 0 112.5 225 450 675 900 ———Shared-Use Paved Trail Community Services Trail(Proposed) 1 inch = 300 feet �I ANX-2021-000002 EXHIBIT 'B' LEGAL DESCRIPTION PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11; THENCE NORTH 02°18'18" EAST A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°42'50" WEST A DISTANCE OF 340.83 FEET; THENCE NORTH 02°17'10" EAST A DISTANCE OF 1313.02 FEET; THENCE SOUTH 87°33'14" EAST A DISTANCE OF 341.26 FEET; THENCE SOUTH 02°18'18" WEST A DISTANCE OF 1312.07 FEET TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 09/30/2021 03:26:38 PM and recorded in Real Estate File Number 2021-00037773 Kyle Sylvester- Circuit Clerk bymay- ��_:::: __ - - ..,..rq,. Arkansas Secretary of State ;� ,4 a' John Thurston Arkansas Secretary of State,500% oodlane Ase,Little Rock,AR 72201-1094 Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 County:Washington City/Town: Fayetteville City Ordinance/Resolution No:6485 Date approved: September 21, 2021 County Court Case No:2021-9 Date Order Filed: June 17, 2021 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: October 22, 2021 Set by: °Municipal Ordinance 0 Emergency Clause °Court ()Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: °Upheld®Overturned Q 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: ()Ail Landowners 0 Majority Landowners °Municipal Governing Body °State ©Other Supporting Documentation attached(check all that apply): Z✓ File marked copy of City Ordinance/Resolution (required) Z✓ File marked copy of County Court Order or certified annexation election results(required except for.-1.C.,4. §14 40-501) �✓ Copy of Arkansas GIS approved printed map and certification letter(required) y/ Proof of Publication for all Legal Notices(include Hearing, Election, and City Ordinance/Resolution notices) 1 File marked copy of Petition Part(if applicable) nFile marked copy of Complaint and final Circuit Court Order(Court Challenge only) Municipal Contact: Name:Kara Paxton Title: City Clerk Street Address: 113 W. Mountain St. City:Fayetteville St:AR Zip code: 72701 Complete one form per ordinance/resolution,attach it as a cover page to the supporting document set and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 655 of 2017 County Offici �1..012110 Signature: Title: CateOrtA Cle AlJ Date: lIJ ( ia.I O— 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 Woodlane Ave Suite 256,Little Rock,AR 722 01-1 094 Office of the Arkansas Secretary of State use only Received by: Rev.2/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0682 Agenda Date: 9/21/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.9 ANX-2021-002 (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21-002 SUBMITTED BY KUTAK ROCK, LLC ON BEHALF OF NORTHSTAR CONSTRUCTION FOR PROPERTY LOCATED AT 1287 NORTH 54TH STREET CONTAINING APPROXIMATELY 10.25 ACRES WHEREAS, NorthStar Construction has properly secured the Washington County Judge's authorization to annex 10.25 acres located at 1287 North 54th Street. 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 that property described in Exhibits A and Exhibit B attached hereto and made a part hereof. 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. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 10.25 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 912212021 City of Fayetteville Staff Review Form 2021-0682 Legistar File ID 9/21/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ANX-2021-000002: Annexation (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 21, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: September 3, 2021 CITY COUNCIL MEMO SUBJECT: ANX-2021-000002: Annexation (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to annex the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in west Fayetteville, approximately 600-feet north of the intersection of W. Wedington Drive and N. 54' Avenue. The subject property is composed of two parcels, a 1.7 acre tract that currently lays within incorporated Fayetteville limits. The larger, 20.4 acre parcel is in unincorporated Washington County. The specific area under consideration for annexation is the roughly 10.25 acre panhandle of the larger property. The property currently has a single-family dwelling, which county records indicate was built in 1955, and four outbuildings. There is currently an active construction/mining site on the northern portion of the subject property. Although largely level, the northern extents of the property, which are excluded from the annexation request, include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Request: The request is to annex the subject area into the City of Fayetteville. The applicant states the annexation would remove an existing peninsula of county property encroaching into City limits. Subsequent to the annexation request, the applicant submitted a rezoning request to have the property rezoned from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. The associated rezoning request (RZN-2021-000064) is scheduled to be heard at the September 13, 2021 Planning Commission meeting. An order of annexation was signed by the Washington County Judge on June 17, 2021. Public Comment: Staff has not received any public comment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and offer a wide variety of housing types of appropriate scale and context, encouraging traditional neighborhood development that incorporates low -intensity, non-residential uses on corners and along connecting corridors. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staff's report. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. If the land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. The proposed annexation removes a peninsula in the City's boundary as the subject property is bordered by Fayetteville's corporate limits on three sides. Immediately to the west is the Heritage Village subdivision which was annexed in 1994. Annexation improves the City's boundary reducing confusion for service providers and residents. To the east is a large agricultural property which was annexed in 2020. The boundary follows a natural area insofar as the remainder of the subject property left out of the annexation is where the steep topographical contours are present. Current infrastructure availability to the site is largely provided by the City of Fayetteville. Fire and police protection are currently provided to the portion of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currently the de facto first responder to the area subject to annexation. The overall property currently has access to City water and sanitary sewer, but extensions will likely be required to serve the portion of the property currently outside the City limits. The 2040 Master Street Plan shows a future Residential Link connection running along the east property line for a roughly 500-foot linear distance before jogging east to connect with W. Ponca Street in the Sage Meadows Subdivision. Incorporating the subject area could create an opportunity to connect the intersecting W. Fountain Street with the undeveloped property to the east. A planned off-street trail connection for the 54th Avenue Connection is present along the east property line. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the August 23, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Winston seconded. Commissioner Belden said, though she is generally hesitant of adding additional properties into city limits, the requested annexation would resolve a peninsula encroaching into the City's boundary. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report ANX-2021-000002 NorthStar Construction Close Up View Z ' RELIANCE-ST AL• L• EY 1449 CHATTELST ALLEY•1381 W Subject Property � I � Q ' z ' FOUNTAIN -ST I 0 � AL•L•EY•131 IRI-u LEGACY•ST W Q RI-12 W � C9 � i W _ W Q CS NORTH Residential -Agricultural ff Planned Residential Link RSF-1 ® Hillside -Hilltop Overlay District RSF-4 `Planning Area Feet RI-12 r —— L _ Fayetteville City Limits 0 112.5 225 450 675 900 RW — — — snared -use Paved Trail 1 inch - 300 feet Community Services — — — Trail (Proposed) LEGAL DESCRIPTION PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11; THENCE NORTH 02°18'18" EAST A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°42'50" WEST A DISTANCE OF 340.83 FEET; THENCE NORTH 02°17'10" EAST A DISTANCE OF 1313.02 FEET; THENCE SOUTH 87°33'14" EAST A DISTANCE OF 341.26 FEET; THENCE SOUTH 02018'18" WEST A DISTANCE OF 1312.07 FEET TO THE POINT OF BEGINNING. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: August 23, 2021 SUBJECT: ANX-2021-000002: Annexation (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX-2021-000002 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX-2021-000002 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville, approximately 600-feet north of the intersection of W. Wedington Drive and N. 54th Avenue. The subject property is composed of two parcels, a 1.7 acre tract that currently lays within incorporated Fayetteville limits. The larger, 20.4 acre parcel is in unincorporated Washington County. The specific area under consideration for annexation is the roughly 10.25 acre panhandle of the larger property. The property currently has a single-family dwelling, which county records indicate was built in 1955, and four outbuildings. There is currently an active construction/mining site on the northern portion of the subject property. Although largely level, the northern extents of the property, which are excluded from the annexation request, include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped Washington County: AG/SF Res 1, Agricultural Single- family Residential 1 units per acre South Single -Family Residential R-A, Residential Agricultural East Undeveloped/Agricultural R-A, Residential Agricultural; RI-U, Residential Intermediate -Urban West Single -Family Residential RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to annex the subject area into the City of Fayetteville. The applicant states the annexation would remove an existing peninsula of county property encroaching into City limits. Subsequent to the annexation request, the applicant submitted a rezoning request to Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 1 of 19 have the property rezoned from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. The associated rezoning request (RZN-2021-000064) is scheduled to be heard at the September 13, 2021 Planning Commission meeting. An order of annexation was signed by the Washington County Judge on June 17, 2021. Public Comment: Staff has received no public comment to date. INFRASTRUCTURE: Streets: The property has frontage on W. Fountain Street a fully improved City street, and N. 54' Street an unimproved street with City and county right-of-way. Any street improvements required in these areas would be determined at the time of development proposal. As a result of the construction/mining activity on the north portion of the property, many dump trucks drive along N. 541h Street and the condition of the road and roadside has deteriorated significantly. Water: Public water is available to the site through an existing 8-inch PVC water main present along W. Fountain Street. Another 8-inch PVC water main is located along the north side of W. Wedington Drive. A main extension would be required with a future development. Sewer: Sanitary Sewer is available to the site through an existing 8-inch sewer main present along W. Fountain Street. Another 8-inch main is located along the west side of N. 541" Street. A main extension would be required with a future development. Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), within a FEMA floodplain, hydric soils and/or a protected stream are not present in the area. Fire: The property will be protected by Station 7, located at 835 N. Rupple Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and 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 property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 2 of 19 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 3-5 for this site, with a weighted score of 4_5 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7 at 835 N. Rupple Road) • Near Water Main (W. Fountain Street) • Near Sewer Main (W. Fountain Street) • Near City Park (Bundrick Park) • Near Paved Trail (Wedington Side Path Trail) 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: The proposed annexation removes a peninsula in the City's boundary as the subject property is bordered by Fayetteville's corporate limits on three sides. Immediately to the west is the Heritage Village subdivision which was annexed in 1994. To the east is a large agricultural property which was annexed in 2020. The annexation does not create an island and, in fact, improves the City's boundary reducing confusion for service providers and residents. 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 is for an area containing no subdivisions. Development is limited to buildings and activity associated with agricultural land use. It is the majority of a legal lot of record with one owner. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries divides the subject property further north of an existing division. The annexation boundary aligns with the boundary of the city to the west and reduces the linear distance of the jog on the east. The boundary follows a natural area insofar as the remainder of the subject property left out of the annexation is where the steep topographical contours are present. The 2040 Master Street Plan shows a future Residential Link connection running along the east property line for a roughly 500-foot linear distance before jogging east to connect with W. Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 3 of 19 Ponca Street in the Sage Meadows Subdivision. Incorporating the subject area could create an opportunity to connect the intersecting W. Fountain Street with the undeveloped property to the east. with any streets within the City of Fayetteville. A planned off-street trail connection for the 54t" Avenue Connection is present along the east property line. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject area is adjacent to City water and sewer, and the site is within acceptable response times of the Fayetteville Fire Department. Connection to water and sewer service would be the responsibility of the property owner. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The subject area is largely undeveloped except for single-family dwelling and accessory structures. While portions of the property have significant mature tree growth, the majority is clear. Furthermore, no portion of the property is designated as floodplain, hydric soils, Hillside -Hilltop Overlay District, or Streamside Protection Zone. 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 five 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. 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. 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 Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 4 of 19 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Fire and police protection are currently provided to the portion of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currently the de facto first responder. The overall property currently has access to City water and sanitary sewer, but extensions will likely be required to serve the larger property currently outside the City limits. 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: Engineering anticipates a need to upgrade utilities. Though public water and sewer are currently available to the site, extensions would need to be made upon any proposed development. Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. By default, properties annexed into the city are designated as R-A which would significantly limit the developable potential of the site. If developed under the zoning requirements of the concurrently -requested RI-12 zoning there will be a marked increase in both density and traffic. Given adjacency to Wedington Drive and existing traffic accident data, Planning staff does not anticipate that increased traffic from this site will pose a traffic danger. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: 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. Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 5 of 19 Finding: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. 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 subject area is included within the City's Future Land Use Plan and is designated as a 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 a portion of the area under consideration for annexation and the entire area already within Fayetteville. The request is to rezone the subject area and the adjoining parcel to the south to RI-12, Residential Intermediate, 12 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 appropriate development review process. No development proposal has been submitted at this time. 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. Signage was posted on the site informing surrounding neighbors of the annexation proposal. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds the request would serve to reduce a peninsula of unincorporated area. 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 Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 6 of 19 should be noted that annexing land toward the western extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes urban form and higher densities somewhat ameliorates this concern. RECOMMENDATION: Planning staff recommends forwarding ANX-2021-000002 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: August 23, 2021 Motion: Second: Vote: BUDGET/STAFF IMPACT: None O Tabled O Forwarded O Denied Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 7 of 19 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. D z x IV O � N O � 7 CD 7 �o a aD M- e� N. N �rol N O m f? W a =3 k d9 1 E1 �N! iili f ly Ixi 11 o � 49� 17v Figure 12.15 - Fayetteville Annexation Map De -Annexation (Removed from Fayetteville) 0 Annexation 1870 1910 1970-1979 1930-1939 0 198o-1989 1940-1949 1990-1999 0 1950-1959 0 2000-2009 1960-1969 0 2010-Present 149 D z x N QQ6 0 � I N (D � � p 7 & a o ` ®�aa3 01 ro o N. CD 0 W N O CQ 6.1 ® 7 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. A I\ �I■I� F- "—�r.A � - Figure 12.16 - Fayetteville Town Plat 150 IV QQO 0 � � D1 (D � � p 7 � c9T cO EL o ®� � 3 0Cn ro o N. �Y 0 N O OD a fA ® 7 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 VII 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. A I\ 'qIMJ PF Figure 12.17 - Great Seal of the State of Arkansas 151 0 ov ID L o CR 3 �3 N. ro o N. �Y 0 N O OD a W ® 7 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. A I\ 'qIMJ PF 152 O C N 7 7 a�0 p®��3 N. N �rol N O m ff W a 7 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. AOL IN IN ,qIMIPF 153 KUTAKROCK Kutak Rock LLP 234 East Millsap Road, Suite 200, Fayetteville, AR 72703-4099 office 479.973.4200 July 13, 2021 VIA FAX 479-575-8257 Mayor's Office — Claims City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 To Whom It May Concern: J.R. Carroll 479.695.1938 jr.carroll@kutakrock.com My name is J.R. Carroll, and I represent the property owner with regard to this annexation request. The annexation is for approximately 12.18 acres of county property that is a peninsula that is bordered to the west, east, and south by the City of Fayetteville. By annexing this property, the City will actually create a unified city limit property line. This 12.18 acres has the topography to be properly developed with the city limits. It is already currently served by utilities and public services from the City of Fayetteville. This property is actually located in the heart of the city limits, and is not on the outer fringes of the city limits. Simply stated by annexing this property the City of Fayetteville is not expanding its city limits, but simply encompassing county property that is wedged in between the city limits of the City of Fayetteville that property belongs within the limits of the City. As for zoning, the applicant requests that this property be zoned RI-12 as it is the natural and proper progression of zoning for this property. The adjacent property to the east which is approximately 20 acres is zoned RU which is the highest density for the City of Fayetteville. There is a single-family neighborhood to the west of the proposed property that was created by ordinance on July 15, 2003. Additionally, as part of that same development, the City of Fayetteville zoned 5 acres RI-12 that borders on three sides of this single-family subdivision as a buffer between the subdivision and Wedington Drive. Consequently, the proposed zoning for the applicant's property creates a step-down buffer just like the one that was created in 2003 for the neighborhood between itself and the 20 acres that is zoned RI-U. This proposed zoning for the applicant's property follows the same principles for the zoning already created by the City of Fayetteville for this area. Lastly, there is approximately less than 5 acres between the proposed property and Wedington Drive which is zoned R-A. However, there are already 7 homes located on this less than 5 acres. In conclusion, by zoning the applicant's property RI-12, the City of Fayetteville would be creating a buffer between the almost 20 acres of RI-U and the single-family residential family that is already buffered to the south by RI-12. Consequently, we believe approval of this annexation 4831-7195 4161.1 Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 13 of 19 KUTAKROCK Mayor's Office — Claims City of Fayetteville July 13, 2021 Page 2 allows the City of Fayetteville to remove an existing peninsula of county property located in the middle of the city limits, as well as, provide a uniform city limits between itself and Washington County. Sincerely, /s/JR. Carroll J.R. Carroll 4831-7195 4161.1 Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 14 of 19 DocuSign Envelope ID: 1AB23CB1-A65F-4B58-A5B6-68744117E13F 2021 JUN 17 AM 10: 29 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS C 0 . IN THE MATTER OF ANNEXING TO W'#I `i ! " '` F' THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO SAID CITY OF FAYETTEVILLE, ARKANSAS CC NO. 2021-9 ORDER CONCERNING ANNEXATION On this 17'h day June, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. This Court being fully advised of the facts and the law does hereby find as follows: The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. The Court finds that the petition contains a schedule of services. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. - DocuSigned by: JOSEPH K. WOOD, COUNTY JUDGE DATED: Jun 17, 2021 1 10:24 AM CDT Planning Commission August 23, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 15 of 19 ANX-2021-000002 Annexation request for A& One Mile View NorthStar Construction NORTH 0 0.125 0.25 0.5 Miles i I I i I W C Z -- /-------- - - - - -- W M RSF-4 Subject Property RI-U i i I RI-12 . W co Q H -- _WEDINGTONiDR ----_— — — I I ' cs I I / I RMF-6 R-A NC P1 I Q � W - I O I � 1 m RSF-8 1 Zaninp 2 Oenerel lntlusiriel Regional Link RESIDENTIAL SINGLE-FAMILY EXTRACTION _____ DNS-G �E-1 _ _ . Ri-u COMMERCIAL Neighborhood Link °'"ee C Itle Re el-H9fiaulrurel ■ Planned Residential Link RSFtlstlr ' RSF-t FORM BASED DISTRICTS RSF-2 o0 — — — Shared -Use Paved Trail RSF' "r RSF �;� sneer Getlrer RSF-a �oowmowo Geoertli RSF-ta �commoonv servmes — — — Trail (Proposed) RES IDENTIAL MULTIFAMILY Nelgnbornootl Servmes _ _ g �Ne,sno.rh mC �servtl r i Fayetteville City Limits R'F-tz PLANNEDZON ING DISTRICTS -----1 RMF-,tl ommerca 1tl�srrWResd-11 RMF-0o Planning Area - r=- _ INSTITUTIONAL Y — — ,-, Planning Area Fayetteville City Limits INDUSTRIALyC —r.1 tlL9nr �tl.srrW Planning Co n 3 ssion 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 16 of 19 ANX-2021-000002 Close Up View • G� co 2 m I RELIANCE ST -cr_ NorthStar Construction ''ALLEY•1381! W I z FOUNTAINST 0 f= I � ALLEY 1315 �- I LEGACY•ST W Q RI-iz w - C9 W 2 - ■ ■ Planned Residential Link Hillside -Hilltop Overlay District - Planning Area — Fayetteville City Limits — — — Shared -Use Paved Trail Trail (Proposed) I Subject Property I I I I IW I� a CS I = NORTH Feet 0 112.5 225 450 675 900 1 inch = 300 feet Residential -Agricultural RSF-1 RSF-4 RI-12 RI-U Community Services Planning C, ssion 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 17 of 19 ANx-2021-000002 Annexation request for NorthStar A& Current Land Use Construction NORTH �. `_ Extraction ,e ,y Wf� t ! ��• _ Subject Property � . �:� k - � 7�V. �Y ; .. Single -Family Residential " E Undeveloped ' 16 r # Single -Family Residential FEMA Flood Hazard Data 100-Year Floodplain ■ ■ Planned Residential Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 � _ _ _; - - -; 1 inch = 300 feet Fayetteville City Limits Planning Co mission 3, 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 18 of 19 ANX-2021-000002 Future Land Use NorthStar Construction NORTH -- - - - - -- Private Open -Space i O D 2 �i 90 G� Natural 2i 74 m I; sm (j RELIANCE ST ALLEY 1449 �GKL�N g CHATTEL-ST ALLEY-1381 w 'a FOUNTAIN ST Z c<,p o �_ALLEY-1315_< � w � C ~ a—LEGACYST ST q i j; r - - - - - - - - - - - - - - - IQ I = I� LO I I - - - - - - - - - - - - - - - - - - - - - - - - - \ - - - - - • - - - - - - ------------------------ ,XL ---------- — -- WEDINGTONIDR---------------•------------------------------- Regional Link ■ ■ I Planned Residential Link ' Planning Area Fayetteville City Limits L Trail (Proposed) Feet 0 145 290 580 870 1,160 1 inch = 400 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2021 Agenda Item 13 ANX-21-000002 Northstar Const. Page 19 of 19 Democrat azette ip'OT 7 i,"E T"L'iiLLE, •R '2702 • •-9.:142-1 00 • F 4 X - 419-o95-111, • t ,, % N WADv rOM 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 6485 Was inserted in the Regular Edition on: September 26, 2021 Publication Charges: $115.52 Brittany Smith Subscribed and sworn to before me ThisV7 day of teef- , 2021. cet� wt&' Notary Public ZIU(Z' My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC—ARKANSAS My Commission Expires 02.20.2024 Commission No.12397118 Ordinance: 6485 File Number. 2021-0682 ANX-2021-002 (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21- 002 SUBMITTED BY KUTAK ROCK, LLC ON BEHALF OF NORTHSTAR CONSTRUCTION FOR PROPERTY LOCATED AT 1287 NORTH 54TH STREET CONTAINING APPROXIMATELY 10.25 ACRES WHEREAS, NorthStar Construction has properly secured the Washington County Judge's authorization to annex 10.25 acres located at 1287 North 54th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibits A and Exhibit B attached hereto and made a part hereof. Section 2: That the City Council of the City or 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. Section 4: That the City Council of the City of Fayetteville. Arkansas hereby assigns this 10.25 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 9/21/2021 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $115.52 75470035 Sept26,2021 RECEIVED JOHN THURSTON DEC 0 7 2021 ARKANSAS SECRETARY OF STATE December 3, 2021 The Hon. Becky Lewallen Washington County Clerk 280 N. College Ave Fayetteville, AR 72701 Re: City of Fayetteville Annexation Ordinance 6485 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 414-40-609 (petition of all landowners) Effective Date:10/22/2021 County: Washington City: Fayetteville City Ordinance: 6485 Dated: 9/21/2021 County Court Order: 2021-9 Date Filed: 6/17/2021 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, 'itI W�_� Shante McGraw"l 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]ordan, Mayor of Fayetteville (w/encl) The Hon. Kara Paxton, Fayetteville City Clerk/Treasurer (w/encl) State Capitol - Suite 256 -500 Woodlane Street - Little Rock, Arkansas 72201-1094 501-682-1010 - Fax 501-682-3510 e-mail: arsos@sos.arkansas.gov - www.sos.arkansas.gov Arkansas Secretary of State John Thurston Arkansas Secretary of State, 500 Woodlane Ave, Little Rock, AR 72201-1094 Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 County: Washington City/Town: Fayetteville City Ordinance/Resolution No:6485 Date approved: September 21, 2021 County Court Case No: 2021-9 Date Order Filed: June 17, 2021 Type. Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: October 22, 2021 Set by: QMunicipal Ordinance Emergency Clause QCourt ODefault (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: Please indicate which ward(s) the territory will be assigned to: ()Upheldo Overturned0 Other (ottoch explanotion Ward 4 (See A.C.A § 14-40-203) Initiating party: SAII Landowners Q Majority Landowners 0Municipal Governing Body QState ()Other i Supporting Documentation attached (checkoff that apply): �✓ File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required except for A.C-A. §14-40-501) i �✓ Copy of Arkansas GIS approved printed map and certification letter (required) ✓A 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 W. Mountain St. 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 Dote as required by Act 655 of 2017 r, . • ./ �.-,MMA Pursuant to Act 655 of 2017, County Officials r rs submit a file-morked copy of municipal boundary change documents within 30 days of receipt :to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Woodlane Ave Suite 256, Little Rock, AR 72201-1094 117 t� Office of the Arkansas Secreta f to us DEC 0 3 2021 Received by: Arkan.Sas ev znm9 Secretary of Stare DocuSign Envelope ID 1AB23CB1-A65F-4B58-Af" -,8744117E13F I i i wL) !. 2021 JUN 17 AM 10: 25 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS I IN THE MATTER OF ANNEXING TO THE! CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO SAID CITY OF FAYETTEVILLE, ARKANSAS ORDER CONCERNING ANNEXATION ,; -, .:tl. : �ilfii �_ �l_`i) WASHliti-; 0N1 CO- AP CC NO. 2021-9 On this 17'h day June, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into the City i of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 1440-609. This Court I being fully advised of the facts and the law does hereby find as follows: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. i 3. The Court finds that the petition contains a schedule of services. i Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the i City of Fayetteville, Arkansas. I Do uSigned by: 'TSF06DCB7DI��B JOSEPH K. WOOD, COUNTY JUDGE DATED: Jun 17, 2021 1 10:24 AM CDT 0F"0 i - 113 West Mountain Street i t 1 Fayetteville. AR 72701 (479) 575-6323 i Ordinance: 6485 - r i I File lNumber: 2021-0682 ANX; 2021-002 (1287 N. 54TH STJNORTHSTAR CONSTRUCTION): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21-00'_ SUBMITTED BY KUTAK ROCK, LLC ON BEHALF'OF NORTHSTAR CONSTRUCTION FOR PROPERTY LOCATED AT 1287 NORTH 54TH STREET CONTAINING APPROXIMATELY 10.25 ACRES EAS. NorthStar Construction has properly secured the Washington County Judges ation to annex 10.25 acres located at 1287 North 54th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF F'AV6' TEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to thet y of Fayetteville. Arkansas, of that property described in Exhibits A and Exhibit B attached hereto and made a part hereof. Secti! n 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. i Section 4: That the City Council of the City of Fayetteville. Arkansas hereby assigns this 10.25 acres to Ward Four of the City of Fayetteville. Page 1 Panted on 9122121 i Ordinance. 6485 File Number 2021-0682 PASSED and APPROVED on 9/21/2021 1 Attest: i i Kara Paxton_ City Clerk Treasurer Page 2 Printed on ANX-2021-000002 CIOse Up View I NorthStar Construction U�gy 'LJ1r`�rG�o'r 'I. 7 # { m RELIANCE ST ALL Y-1444 ALLEY 1381 w a ! FOUNTAIN ST z O L Q ALkEx 1315 . LEGACY-ST 'Q RI-l2 I uJ Q tY W S 0,10 Planne ResldenUal Link Hillsid,Hiiitop Overlay District ` Planning Area Fayeneville City Limits -- SharecWse Paved Trail — Trail (Proposed) Subject Property I A LU Q t6 a Feet 0 112.5 225 450 675 900 1 inch = 300 feet ANX-2021-000002 EXHIBIT 'A' Residential -Agricultural RSF-1 RSF-4 ! RI-12 RI-U Community Services ANX-2021-000002 EXHIBIT T' LEGAL DESCRIPTION i PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i COMMENCING AT THE SOUTHEAST (SE) CORNER OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11; THENCE NORTH 02'18'18'' EAST A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°42'50" WEST A DISTANCE OF 340.83 FEET; THENCE NORTH 02°17'10" EAST A DISTANCEIOF 1313.02 FEET; THENCE SOUTH 87033'14" EAST A DISTANCE OF 341.26 FEET; THENCE SOUTH 02°1'8'18" WEST A DISTANCE OF 1312.07 FEET TO THE POINT OF BEGINNING. 1 I I I I City of Fayetteville, Arkansas 113West Mountain Street Fayetteville, AR 72701 • ram. ,1 rp � (479) 575-8323 Text File File Number: 2021-0682 Agenda Date: 9!21/2021. Version: i Status: Passed In Control: dity Council Meeting File Type: Ordinance i Agenda Number: C.9 ANX-2021-002 (1287 N. 54TH STJNORTHSTAR CONSTRUCTION): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21-002 $0MITTED BY KUTAK ROCK, LLC ON BEHALF OF NORTHSTAR CONSTRUCTION ' FOR PROPERTY LOCATED AT 1287 NORTH 54TH STREET CONTAINING APPROXIMATELY 10.25 ACR#S WHEREA4, NorthStar Construction has properly secured the Washington County Judge's authorization. to annex 10.251acres located at 1287 North 54th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1: "ghat the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fay9tteville, Arkansas, of that property described in Exhibits A and Exhibit B attached hereto and made a part hereo�--^---- ��- Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. { r Section 3: Ahat 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. Section 4: ghat the City Council of the City of Fayetteville, Arkansas hereby assigns this 10.25 acres to Ward Four of the �ity of Fayetteville. City of Fayetteville, Arkansas Page } Printed on 9/22/2021 Jonathan Curth City of Fayetteville Staff Review Form 2021-0682 Legistar File ID ! 9/21/2021 i i City Council Meeting Date -Agenda Item Oniy N/A for Non -Agenda Item 9/3/2021 Submitted By Submitted Date Action Recommendation: DEVELOPMENT REVIEW (630) Division / ANX-2021-000002. Annexation (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTCEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville.1 Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget I $ V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ® ; ARKANSAS MEETING OF SEPTEMBER 21, 2021 TO: Mayor; Fayetteville City Council THRU Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM' Ryan Umberger, Senior Planner DATE:; September 3, 2021 CITY COUNCIL. MEMO ANX-2021-000002: Annexation (1287 N. 54TH ST./NORTHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to annex the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: __-- -.._._ .._ __--- --... _ ._ _ --------- -.._.. - ----- ..------ - - ------------ The subject property is in west Fayetteville, approximately 600-feet north of the intersection of W. Wedington Drive and N. 54`h Avenue. The subject property is composed of two parcels, a 1.7 acre tract that currently lays within incorporated Fayetteville limits. The larger, 20.4 acre parcel is in unincorporated Washington County. The specific area under consideration for annexation is the roughly 10.25 acre panhandle of the larger property. The property currently has a single-family dwelling, which county,records indicate was built in 1955, and four outbuildings. There is currently an active construction/mining site on the northern portion of the subject property. Although largely level, the northern extents of the property, which are excluded from the annexation request, include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Request: The request is to annex the subject area into the City of Fayetteville. The applicant states the annexation would remove an existing peninsula of countyproperty encroaching into City linjits. Subsequent to the annexation request, the applicant submitted a rezoning request to have the property rezoned from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Uniis per Acre- The associated rezoning request (RZN-2021-000064) is scheduled to be heard at the September 13, 2021 Planning Commission meeting. An order of annexation was signed by the Washington County Judge on June 17, 2021. Public Comment: Staff has not received any public comment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: City Plan' 2040's Future Land Use Map designates the property within the proposed annexation as a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and offer a wide variety of housing types of appropriate scale and context, encouraging traditional neighborhood development that incorporates low-irhtensity, non-residential uses on corners and along connecting corridors. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staffs report. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. If the; land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. The proposed annexation removes a peninsula in the City's boundary as the subject property is bordered by Fayetteville's corporate limits on three sides. Immediately to the west is the Heritage Village subdivision which was annexed in 1994. Annexation improves the City's boundary reducing confusion for service providers and residents. To the east is a large agricultural property which was annexed in 2020. The boundary follows a natural area insofar as the remainder of the subject property left out of the annexation is where the steep topographical contours are present. Current infrastructure availability to the site is largely provided by the City of Fayetteville. Fire and police protection are currently provided to the portion of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currentty the de facto first responder to the area subject to annexation_ The overall property currently has access to City water and sanitary sewer,-but-exten§ions will Iikely"be-tiJquired-to serve the portion of the property currently out§ide the City limits. The 2040 Master Street Plan shows a future Residential Link connection arunning along the east property line for a roughly 500-foot linear distance before jogging east to Connect with W. Ponca Street in the Sage Meadows Subdivision. Incorporating the subject area could create an opportunity to connect the intersecting W. Fountain Street with the undeveloped property to the east. A planned off-street trail connection for the 54th Avenue Connection is present along the east property line. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the August 23, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Winston seconded. Commissioner Belden said, though she is generally hesitant of adding additional properties into city limits, the requested annexation would resolve a peninsula encroaching into the City's boundary. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A r i i F I t 1 i Attachments: Exhibit A • Exhibit B • ; Planning Commission Staff Report ' i i LEGAL DESCRIPTION t I PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 11; THENCE NORTH 02°18'18" EAST A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°42'50" T DISTANCE OF 340.83 FEET; THE WEST NORTH 02017'10" EAST A DISTANCE'OF 1313.0� FEET; THENCE SOUTH 87°33'14" EAST A DISTANCE OF 341.26 FEET; THENCE SOUTH 02°1.8`18" WEST A DISTANCE OF 1312.07 FEET TO THE POINT OF BEGINNING. 1 s � i s II I f CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS I i TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: August 23, 2021 SUBJECT: ANX-2021-000002: Annexation (1287 N. 54TH STMORYHSTAR CONSTRUCTION, 397): Submitted by KUTAK ROCK, LLC. for property located at 1287 N. 54TH ST. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 10.25 acres. The request is to annex the property into the City Limits of Fayetteville. I RECOMMENDATION: i Staff recommends forwarding ANX-2021-000002 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 2021-006002 to the City Council with a recommendation of BACKGROUND: The subject property is in west Fayetteville, approximately 600-feet north of the intersection of W. Wedington Drive and N. 541 Avenue. The subject property is composed of two parcels, a '1.7 acre tract that currently Pays within incorporateri Fayetteville limits. Tfie larger,-20.4 acre parse! is in unincorporated Washington County. The specific area under consideration for annexation is the roughly 10.25 acre panhandle of the. larger property. The property currently has a single-family dwelling, which county records indicate was built in 1955, and four outbuildings. There is currently an active construction/mining site on the' northern portion of the subject property. Although largely level, the northern extents of the property, which are excluded from the annexation request, include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Zoning Direction Land Use Zoning North North Undeveloped Washington County: AG/SF Res 1, Agricultural'Single- Residential 1 units per acre I South Single -Family Residential R-A, Residential Agricultural East Undeveloped/Agricultural R-A, Residential Agricultural; RI-U, Residential Intermediate -Urban West Single -Family Residential RI-12, Residential Intermediate, 12 Units per. Acre Request: The request is to annex the subject area into the City of Fayetteville. The applicant states the annexation would remove an existing peninsula of county property encroaching into City limits. Subsequent to the annexation request, the applicant submitted a rezoning request to Planning Commissic August 23, 20: Agenda Item ANX' 21-000002 Northstar Con: have the property rezoned from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. The associated rezoning request (RZN-2021-000064) is scheduled to be heard at the September 13, 2021 Planning Commission meeting. An order of annexation was signed by the Washington County Judge on June 17, 2021. Public Comment: Staff has received no public comment to date. INFRASTRUCTURE: Streets: The property has frontage on W. Fountain Street a fully improved City street, and N. 541 Street an unimproved street with City and county right-of-way. Any street improvements required in these areas would be determined at the time of development proposal. As a result of the construction/mining activity on the north portion of the property, many dump trucks drive along N. 541 Street and the i condition of the road and roadside has deteriorated significantly. Water:; Public water is available to the site through an existing 8-inch PVC water main present along W. Fountain Street. Another 8-inch PVC water main is located along the north side of W. Wedington Drive_ A main extension would be required with a future development. i Sewer.! Sanitary Sewer is available to the site through an existing 8-inch sewer main present along W. Fountain Street. Another 8-inch main is located along the west side of N. 541 Street. A main extension would be required with a future development. Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), within a FEMA floodplain, hydric soils and/or a protected stream are not present in the area. i Fire: The property will be protected by Station 7, located at 835 N. Rupple Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police:11 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 property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in' nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corrido is. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning Commissic August 23, 20: Agenda Item ANX-21-000002 Northstar Con! CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 3-5 for this site, with a weighted score of 4`5 at the highest level. The following elements of the matrix contribute to the score- 4 Minute Fire Response (Station #7 at 835 N. Rupple Road) • Near Water Main (W. Fountain Street) • Near Sewer Main (W. Fountain Street) • Near City Park (Bundrick Park) • Near Paved Trail (Wedington Side Path Trail) FINDINGS OF THE STAFF 4 CITY PLAN 2040 (Res. 35-20) I 12.3 Annexation Guiding Policies Boundaries I 12.3.5-a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula 1 Finding: The proposed annexation removes a peninsula in the City's boundallas the subject property is bordered by Fayetteville's corporate limits on three sides. Immediately to the wrest is the Heritage Village subdivision which was annexed in 1994. To the east is a large agricultural property which was annexed in 2020. The annexation does not create an island and, in fact, improves the City's boundary reducing confusion for service providers and residents. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city lii 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. I Finding: The proposed annexation is for an area containing no subdivisions. Development is limited to buildings and activity associated with agricultural land use. It is the majority of a legal lot of record with one owner. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries divides the subject property further north of an existing division. The annexation boundary aligns with the boundary of the city to the west and reduces the linear distance of :the jog on the east. The boundary follows a natural area insofar as the remainder of the subject property left out of the annexation is where the steep topographical contours are present. The 2040 Master Street Plan shows a future Residential Link connection running along the east property lisle for a roughly 500-foot linear distance before jogging east to connect with W. Planning Commissic August 23, 20: 1 Agenda Item ANx-21-000002 Northstar Can: Ponca Street in the Sage Meadows Subdivision. Incorporating the subject area could create an opportunity to connect the intersecting W. Fountain Street with the undeveloped property to the east. with any streets within the City of Fayetteville. A planned off-street trail connection for the 5411 Avenue i Connection is present along the east property line. 12.3.5e The provision of services should be concurrent with development. Finding: The subject area is adjacent to City water and sewer, and the site is within acceptable response times of the Fayetteville Fire Department. Connection to water and sewer service would be the responsibility of the property owner. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. i Finding: The subject area is largely undeveloped except for single-family dwelling and accessory structures. While portions of the property have significant mature tree growth, the majority is clear. Furthermore, no portion of the property is designated as floodplain, hydric soils, Hillside -Hilltop Overlay District, or Streamside Protection Zone. 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 five minutes-fleom 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. 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. 12.3.5.j 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 Planning Commissi August 23, 20. Agenda Item ANX-21-000002 Northstar Con 12.3.5.j Areas currently served by utilities and other public services should be annexed Finding: Fire and police protection are currently provided to the portion: of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currently the de facto first responder. The overall property currently has access to City water and sanitary sewer, but extensions will likely be required to serve the larger property currently outside the City limits. 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: Engineering anticipates a need to upgrade utilities. Though public water and sewer are currently available to the. site, extensions would need to be made upon any prposed development. j Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. By default, properties annexed into the city are designated as R-A which would significantly ii;mit the developable potential of the site. If developed under thezoning requirements of the concurrently -requested RI-12 zonir%g there will be a marked increase in both density and traffic: Given adjacency to Wedington Drive and existing traffic accident data, Planning staff does not anticipate that increased traffic from this site will pose a traffic danger. j j 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: 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. Planning Commissi< August 23, 20. Agenda Item ANX--`.21-000002 Northstar Con: Finding: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. ADMINISTRATION OF ANNEXATIONS 12.3.5.6 Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the subject area is included within the City's Future Land Use Plan and is designated as a Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Findin Annexations are automatically zoned R-A, Residential Agricultural. However, 1 the applicant has submitted a concurrent request to rezone a portion of the area under consideration for annexation and the entire area already within Fayetteville. The request is to rezone the subject area and the adjoining parcel to the south to RI-12, Residential Intermediate, 12 Units per Acre. 12.3.5.q An annexation study should be completed on all annexation proposals. F i Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed j 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. i 12.3.5.( Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the appropriate development review process. No development proposal has been submitted at this time. i 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. Signage was posted on the site informing surrounding neighbors of the annexation proposal. 12.3.5.E Encourage larger annexations to create acceptable boundaries. Finding:Staff finds the request would serve to reduce a peninsula of unincorporated q area. 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 Planning Commissic August 23, 20: Agenda Item ' ANX-21-000002 Northstar Con! should be noted that annexing land toward the western extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes urban form and higher .densities somewhat ameliorates this concern. RECOMMENDATION: Planning staff recommends forwarding ANX-2021-000002 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Date: August 23, 2029 Motion: Second:. Vote: BUDGET/STAFF IMPACT: None Required YES O Tabled O,Forwarded O Denied Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commissic August 23, 20. Agenda Item ANx-21-000002 Northstar Con: 9 � N 3 O y 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. Figure 12.15 - Fayetteville Annexation Map ` .�f H �,• r IP. ' • w`a•,. (1' f*Si ;�' , ism` . a ... j , w, • f - r •. ." > ... s s f ri► l � •' i!.• w Oe fe ..y' fa 0 �+ � ,,�'•.•�� .w ,N '• ,Y� it icc° 4 r�lT `' rr �2 ./ �I�..i•1•., ' J ./ 1/.. •, v • w De -Annexation (Removed from Fayetteville) Annexation 1870 � 1910 1930.1939 1940.1949 1950.1959 1960.1969 1970-1979 1980-1989 1990.1999 2000-2009 2010-Present 149 a IN Annexation History and Trends The original town was incorporated in 1870 with approximately 1,100.5cres. Since incorporation, the City has made almost'200 annexations, totaling over 34,000 acres. Annexation activity was relatively slow until the 1940i 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.aetivity 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. Priof to 1.940 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. I U M Figure 12.16 - Fayetteville Town Plat 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.municipal ty_can annex_ contiguous lands',La.Od-sumxmov_a Lby tho_ tnurticipality.,_._._..._._ unincorporated.area that is completely bounded by two or more municipalities. Ifthe 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; j • .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 VII 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. 11 Figure 12.17 - Great Seal of the State of Arkansas 151 qpi;m s: M 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, 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 where mimicipal services have 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 i • 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.ser_vices_should_be_eavaluated-in.-terms_of-.equipment,_training._� ._ of personnel, number of units and response time. 1 152 InfrostructUre and Utilides 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 pliblic safety. • Phased annexation should be initiated by the City within the active annexation areas ........_--bas.ed o.n-p.lanned-s.e.r-vjc.e-.extensi.ons...'o.r_a.v.aii.abilitLof-aer.vices ------- Interggygrnmental Relations • Promote long-range. planning with adjacent jurisdictions. • Establish agreements to address regional concerns,�s&h,as water; storinwater and sewer. • Administration of AnUCIations • Develop a land use.plan.for annexation initiated by the*City. • Designate. zoning districts, for *proP'erty-*duflng the anAexation.process. 0 -An annexation study should -be completed.on all annexation proposals.. a Development proposals require a. separate- review from the annexation proposals. 0 Residents should be fully inform6d of annexation activities. - Encourage larger annexations to create acceptable boundaries. 6 :Conduct a fiscal impact assessment on -large annexations. I 15,3 KUTAKROCK Kutak Rock LLP 234 East Millsap Road, Suite 200, Fayetteville, Aft 72703-4099 off ice 479.973.4200 J.R. Carroll 479.69S.1938 jr.carrolVicutakrodccom July 13, 2021 VIA FAX 479-575-8257 Mayor's Office — Claims City of Fayetteville It 3 W. Mountain Street Fayetteville, AR 72701 To Whom It May Concern: My name is J.R. Carroll, and I represent the property owner with regard to this annexation request. The annexation is for approximately 12.18 acres of county property that is a peninsula that is bordered to the west, east, and south by the City of Fayetteville. By annexing this �roperty, the City will actually create a unified city limit property line. This 12.18 acres has the topography to be properly developed with the city limits. It is already currently served by utilities and public services from the City of Fayetteville. This property is actually located in the heart ofEthe city limits, and is not on the outer fringes of the city limits. Simply stated by annexing this property _the City -of Fayetteville. is not expanding. its.city.limits, but .simply. encompassing.county property_...___._ that is wedged in between the city limits of the City of Fayetteville that property belongs within the limits of the City. j As for zoning, the applicant requests that this property be zoned RI-12 as it is the natural and proper progression of zoning for this property. The adjacent property to the east Which is approximately 20 acres is zoned RU which is the highest density for the City of Fayetteville. There is a single-family neighborhood to the west of the proposed property that was created by odinance on July 15, 2003. Additionally, as part of that same development; the City of Fayetteville honed 5 acres RI-12 that borders on three sides of this single-family subdivision as a buffer between the subdivision and Wedington Drive. Consequently, the proposed zoning for the applicant's property creates a step-down buffer just like the one that was created in 2003 for the neighborhood between itself and the 20 acres that is zoned -Rl-U. This proposed zoning for'the applicant's property follows the same principles for the zoning already created by the City of Fayetteville for this area. Lastly, there is approximately less than 5 acres between the proposed property and Wedington Drive which is zoned R-A. However, there are already 7 homes located on this less than acres. In conclusion, by zoning the.applicant's property RI-12, the City of Fayetteville would be creating a buffer between the almost 20 acres of RI-U and the single-family residential family that is already buffered to the south by RI42. Consequently, we believe approval of this annexation Planning Commissic 483t-7195 4161.1 August 23, 20, I Agenda Item ANX-21-000002 Northstar Core KUTAKROCK Mayor* s Office — Claims City of Fayetteville July 13, 2021 Page 2 t j allows 11the'City of Fayetteville to remove an existing peninsula of county property located in the middles of the .city limits, as well as, provide a uniform city limits between itself and Washington Count}. Sincerely, i AIM. Carroll E J.R. Carroll i N Planning Commissil 4931-7195i14161.1 August 23, 20.' Agenda Item emv_9isnnnn,) mmhetarrnn DocuSign Envelope ID: 1AB23CB1-A65F-4658-A5B6-68744117E13F 2021,)UN 1 1 AM 0. 2J IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO SAID CITY OF FAYETTEVILLE, ARKANSAS CC NO.2021-9 ORDER CONCERNING ANNEXATION On this 17' day Jane, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. ThisiCourt being fully advised of the facts and the law does herebyfind as follows: E 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition- contains a schedule of services._ - __- Therefore, the Court hereby ORDERS that the petition and this Order be deliveredto the City of Fayetteville, Arkansas. n«uSlWmd tiy: JOSFTH K. WOOD, COUNTY JUDGE Jun 17, 2021 1 10:24 AM CDT DATED: Planning Commissic August 23. 20: Agenda Item ANX-21-000002 Northstar Con! ANX-21-000002 Northstar Con ANX-2021-000002 Close Up View C 9G m G 'RELIANCE ST 449 NorthStar Construction f ALLEY 1381 w f Q z FOUNTAIN ST r I H f � Q ALLEY 1395 a F- moLEGACY-ST �U.1 C9 W .T 00-M Planned Residential Link J Hllside-Hilltop Overlay District L - Planning Area �... L — I Fayetteville City Limits --� Shared -Use Paved Trail — — — Trail (Proposed) Subject Property Feet 0 112.5 225 450 675 900 1 inch = 300 feet A& NORTH Residential -Agricultural RSF-1 RS F-4 RI-12 RI-U Community Services Planning C e. ,. 23. 20; Agenda Item APIX-21-000002 Northstar Con: 'i: •. • � •'^�'�``•. 1 !� r� � ice. �� 1 , w w fi• � 1. .�4r' �/ � j'+� 3 Mai M t PM �'_ ►� w 2 a �-"Ki.' -.�� a-.. :ail:.: O: �a •-4a�""�: ~ % t -AL IL IF r .. ■ L} . Single -Family Residential II !'sue- � � '� rr�_ -- - — — ,. .-, � _ _ _r. � - _• _ _. . ... - .��..`�z-�a :.m r x•a��, :• a �'�`' .�,► � - :� � � - ANX-2021-000002 NorthStar Construction ML Future Land Use NORTH Gi- itand_ , ------------I____ ' r + = k 3 Vic ' ' O ti i Natural, �Oy; t. LIM k �7, -7Ots RELIANCE-ST 1 Subject Property k i%fl rd .FP1;ip fa ALLEY•1449 In LN s CHATTEL-ST M_ ' ga2Pgoa ' � i ALLEY-1381 w> fim A 4 Q Residential 4� O Neighborhood FOUNTAIN ST 265d ALLEY•1315 Q 9,' k { r " w 4 z 10 A q GC 0' .MW Q . LEGACY-ST- _ ' Me x,W --------------- z ap kQ all zkM 7 _ - -- ---- WEDINGTOWDR— — — — — — — — — — — — — --------------- r �------------------------ ® City Neighbofiood ® Civic Institutional Regional Link ® Civic and Private Open Space Industrial U040-4 Planned Residential Link Feet ® Natural j Planting Area Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood - - Fayetteville City Limits I 1 inch - 400 feet ®Rural Residential - - - Trail (Proposed) ® Urban Center Pinnninn r..r 23, 20: k Agenda Item ANX, 21-000002 Northstar Con: PETITION FOR ANNEXATION ccaoal -9 IN THE MATTER'OF ANNEXING TO DATE: 02-09-21 THE CITY OF FAYETTEVILLE, ARKANSAS N CERTAIN TERRITORY CONTIGUOUS TO SAID CITY OF- FAYETTEVILLE, ARKANSAS = -' ' c Comes now the undersigned petitioners, and state as follows:?: That we, owning 100% of the property in the following describe(Gteriltory:,,fin Washington County, Arkansas, do hereby petition, pursuant to A.C.A. i4 46-: 09t �tle City Council of Fayetteville, Arkansas, to annex the following lands to' % 'Citynof Fayetteville, Arkansas: PART OF THE EAST HALF;(E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND STONE; THENCE S87*3,CI7"E A DISTANCE OF 661.38 FEET TO A SET IRON PIN WITH CAP "PLS I156"; THENCE S87°34'17"E A DISTANCE OF 661.11 FEET TO A FOUND 518 INCH REBAR; THENCE S02°18'03"W A DISTANCE OF 668.09 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156'; THENCE CONTINUING S02°18'03"W A DISTANCE OF 1552.01 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N87°42'15"W A DISTANCE OF 340.91 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE ALONG THE EAST LINES OF HERITAGE VILLAGE SUBDIVISION PHASES I AND II, NO2°17'45"E A DISTANCE OF 1552.97 FEET TO A FOUND MONUMENTIN CONCRETE "PLS 1274";"THENCE LEAVING SAID EAST LINES, S87"32'32"EA'DISIANCE 0P 34t.05 FEET TO_ THE POVVT-OF BEGINNING, CONTAINING:12.15 ACRES, MORE OR LESS, AND SUBJECT TO THE RIGHT OF WAY OF NORTH 54th AVENUE ON THE EAST SIDE THEREOF AND ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. F 1. We further state that this petition is signed by 100% of the real estate owners owning 100% of the acreage in said area. 2. That said property described herein is contiguous to and adjoining the present Fayetteville city limits, as shown on the map attached hereto as Exhibit A.. 3. That no enclaves will be created if this petition is accepted and the territory annexed into the City of Fayetteville. 4. That the following schedule of services shall be extended to the area by the City of Fayetteville within three (3) years after the date the annexation becomes final: police and fire_ protection — immediately; public street maintenance — immediately; and solid waste collection and disposal — immediately. 5. That a letter or title opinion from a certified abstractor or title company verifying the petitioner is the owner of record of the relevant property is attached hereto as Exhibit B, and is made part of this petition. 6. That a letter or verification from a certified surveyor or engineer verifying that the relevant property is contiguous with the city limits of Fayetteville and that no enclaves will be created if the property is accepted for annexation into the City of Fayetteville is attached hereto as Exhibit C, and is made part of this petition. 7. That the undersigned person(s) executing this petition have confirmed by their signature below a desire that his property, which is described above, be annexed into the City of Fayetteville. Northstar Construction Management Inc. Printed Name of Property Owner/Petitioner < V >4,VIda gnature of Property Owner/Petitioner Printed Name of Property Ovvner/Petitioner Signature of property Owner/Petitioner ACKNOWLEDGMENT State of. (Y71,p,56(ACI ) ss. Countyof G-11 ) --- -... _._ ..._ . _... -- — ..._..... _. _..... ..._.... ..... ..... . On this the q. day of reK) 2021, before me, the undersigned officer,'personally appeared Wo r- .0 L known tome (or satisfactorily proven) to be the persons whose names are sub ribed above and acknowledged and attested that it was executed for the purposes therein apparent. NOTARY PUBLI My Commission Expires: Stephanie Bayer 1 /3 h a NOTARY PUBLIC, NOTARY SEAL STATE OF MISSOURI Christian County COMMISSION # 12407682 MY COMMISSION EXPIRES: October 23. 2024 C) Mir— 0 ........... jJ W YELLOW:M r .;; p N SUNSHINE RD -WC 87-7 e "Mae w aYr twiNlliHs ar 4mw ..r..rar ..<.rrrwu,.nu..o.uc.Ym.r � • "`�.iwar�+`.v avv� GOaa...wr�,ri4"'rirs.p w-spa L!W W Qwt]9vd4wY,m d lW dLww10t1vAdY161 b lOr'LlOYYIT RNrJ1¢]'al.rACwd arnr w tuaaw,xda�vuermclR tununasA..ma:,rau:,trl ru ro, auismr a.rn,mrnwtwr t an,vasru ra.fAlaw cn4 wruwd HlnLrau nwtre]ru Ja, na.bwu w.wr arr�aav xwwraw,vam r...n,wrlvoa;Ru y Mwr W rorr.w v N air raVY1 d Aara m rY W to arlalwv b,Bu :Il l ILL AO MtM W wv{a rewrarAartYw'aarraarnr w a tprRar d asvamrvaror.aca ao.ou a�sorlwrr.a,er rluaaru rR d tawmr aawwaaraa;arl f!L MIvIY W.4rar ra,a.rrRMbrPrrrYn lrtrl...la.vwo awn Of 1lIW'R aka/ tlw tf ItlL'awtMdN avaudanaovw-n rrmtYwuvoesuar wR'arao0 iltllb NaLplpl9pal�YrtltNYYivn[rdv YIiM.Y itam.'g2o1N W +++aa>,.e.....u.etwarw no aa.u,.., swr rarava.Irtaun Irrruar LUrwv.rouw y M.WrtraDtawuamwa OM //rlJNiwa /JatW Y .W alnLdwAMti100lW.fiY1W vOcu<wYv9'alri d[uoa MOI ['Ja6YOw twnw.af t�W.n w uaar�.m'ra.iwouor.0 al arxvtRnrawmr aw,euraaua zaacorn,wraeraarve,.�w,sc;ovamr,�.esa.ew ursu :MI na wawrYMMr1f1 ral agYrvMdYOrrfan rn.m.m ovu a�aarloYwarlorvv ut.Mn nwlmrs+uc+R tolsu yr n worulrr W atW I.w ra aar rrrw dbNflA] r3LIL>b�wY?Nc over ralcAUrlr an'luauaara.adn rradr.wau owaamatviarwrwtar awyaara MMlY4 Maa.Y/ItAIlMtdla,flb MlYMf il.Y 1(ttoY W rrirtrRr.w1Y1 bUKwDRxWw.o W MtlM1aaCUGIwaYOY art d(M DILr'JYaTrYu�tl llw .1. M�L.OdLWa.OJ'••'�, a�•b YrOYNf'IraldNldYlMlrWbYatt r[fi llgaut.D iw.Vuwu.KYIb AMq trswsa auaawow tmansatmovaare.Yuam •Ir.wwrtdfllaY 111a1 dOIVIOIYft JII HMWMWII1llwrblla/lllYfd llY.'LOYAYIaUw LsaNt iRu ry norwa W rmvu rallar.WTd1v/Iam rrl•II.Y tr'91l Maw�raw eacr ra alarx,w A,crnvanraYuaaaawt:/r111rYMalw Wlpai YOl aW RIRaO i.VJm YiallLarL41Y �tl110fdYOial/NJ trrftl Mw'JtaTYdrraW IY Yon..aw rowroawnw.owsaar a.r�oe smm��ralaVfnnYr.ea WrAW 1vwnW'urrra]Af1AwAW iaorraur aw oa+rrmsoatru aerr w.ormr,Quarwro. f1UrOVDXYSwd MAW IatNIDlviflrftad'lY drnY/Nf[MMlA1f1W I 7L1rYIJItIKY•IOG�iw�1ta11Y12 IIL 9 II 6�8IKrar+¢jy,� H�II6 av ' ao.w.aa Lra-ew ra.rawrrra t�nn.o.r[v wwrv,otri a�� u ��u�i.soi,aa+rti r CWax wrm,aYl.wr.wwYwrna.axaowm�a�vmmlouwamuut ata® urw>•..,m..r....r.,,.w.-.. vr..ro«a.rna,orwtr+�aa.rwr.rw. x nlaYraxlsrura.rwwnaowmrvl rrwre."'�..'iioov�iur`i `rm Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 8/2512015 4:19:10 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2015-00024032 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That I, Barbara Jean Cleveger, an unmarried person, hereinafter called "Grantor", for and in consideration of the stun of One Dollar ($1.00) and other good and valuable consideration to me din hand paid by Northstar Construction Management Company, Inc., a Missouri corporation, hereinafter called "Grantee", do hereby grant, bargain, sell and convey unto the said .Grantee and Grantee's successors and assigns, the following described land situate in Washington County, State of Arkansas, to -wit: Part of the, EV2, of the NW'/e of Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, described as follows, to -wit: Beginning at a point 430 feet North of the Southeast corner of said 80 acre tract, and running thence West 330 feet; thence North 1,550 feet; thence West 330 feet; thence North 660 feet; thence East 660 feet; thence - South 2,210 feet to the point of beginning, containing 21.74 acres, more or less. Subject to recorded Instruments, covenants, rights of way, and easements. Subject to all prior mineral reservations and oil and gas leases, if any. [Legal description provided by Realty Title & Closing Services, LLQ TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And I, the said Grantor, hereby covenant that I am lawfully seized of said land and premises, that the saute is unencumbered, and that I will forever warrant and defend the title to the said lands against all claims whatever. WITNESS my hand and seal on this c)) day of , 2015. MAIL TAX STATEMENT TO: / No Mc ConstmcfonMa ement Companv. Inca Barbara Jea�Cleve��er _(20r-k o zlio t05 2a i Warranty Deed Page l of 2 Please see the attached Real Estate Transfer Tax Stamp for proof of tax paid and certification that documentary stamps or a documentary symbol in the legally correct amount have been placed on this instrument. ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF ) On this the day of _ , 2015, before me, a Notary Public, Personally appeared Barbara Sean C evan unmarried person, known to me(ar satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that she had executed the same for the purposes therein set forth. IN WMMSS: WEREOF, I hereun6 set �iy hand and official seal, �IT *♦�? IM OFFICIAL sEAL • JENNIFER STENART NOTAfly PUBLIC. ARKANSAS WASHINOTON COUNTY COMMISSION # 12378169 CO ,M1SSI0N EXP. OS119 24 Prepared by: Stephen J. Miller, Han ington, Miller, Kieklak, Eiclvnann & Brown, P.A. 113 E. Emma Avenue, Springdale, Arkansas 72764 Warranty Deed Page 2 of 2 C•iLST.+H^]I .ibis STATE OF ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION ` MISCELLANEOUS TAX SECTION P.O. BOX 896, LITTLE ROCK, AR 72203-0896 v Real Estate Transfer Tax Stamp Proof of Tax Paid , File Number: 15-3536 Grantee: NORTHSTAR CONSTRUCTION MANAGEMENT COMPANY, INC. Mailing Address: 3885 N. 20TH ST OZARK rJIO 657210000 Grantor: BARBARA JEAN CLEVEGER, AN UNMARRIED PERSON Mailing Address: N/A NIA AR NIA000000 Property Purchase Price: Tax Amount: County: Date Issued: Stamp ID: $369,000.00 $ 1, 217.70 WASHINGTON 08/25/2015 1249361920 Washington County, AR I certify this instrument was filed on 8/25/2015 4:19:10 PM and recorded in REAL ESTATE File# 2015-00024032 Kyle Sylvester - Circuit Clerk t certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument dd t (�� Grantee gent Nam (Printed): { ado- L- `i-'J AI � GranterAgent ame (signature) Date: Address; - -- 3J9.5 A�• * Rehlty II d e & Closing Services LLC Date: March 4, 2021 Greetings: Exhibit B 3866 W. Sunset Avenue Springdale, AR 72762 479-582-9383 bnMreglt ddernc.c*m This. letter is given in connection with what is understood to be an effort to voluntarily annex certain real:propertyinto the City ofFayetteville. Based on our review, weverify that Northstar Construction Management Company, Inc., a Missouri corporation, is the owner of record of the following described proaerty, forwhich annexation isbeingsought: PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND STONE; THENCE S87°34'17"E A DISTANCE OF 661.38 FEET TO A SET IRON PIN WITH CAP ".PLS 1156"; THENCE S87°34'17"E A DISTANCE OF 661.11 FEETTO A FOUND 5/8 INCH REBAR; THEN.CE,S02°18'03"W A DISTANCE OF 668.09 FEETTO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS-1156",' THENCE CONTINUING S02'18'03"W A DISTANCE OF 1552.01 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N87°42'15"W A DISTANCE OF 340.91 FEETTO A SETsIRON PIN WITH CAP "PLS 1156"; THENCE ALONG THE EAST LINES OF HERITAGE VILLAGE SUBDIVISION PHASES I AND II, NO2'17'45"E A DISTANCE OF 1552.97 FEET TO A FOUND MONUMENT IN CONCRETE "PLS 1274"; THENCE LEAVING SAID EAST LINES, S87°32'32"E A DISTANCE OF 341.05 FEET TO THE POINT OF BEGINNING, CONTAINING 12-15 ACRES, MORE OR LESS, AND SUBJECT TO THE RIGHT OF WAY OF NORTH 54th AVENUE ON THE EAST SIDE THEREOF AND ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. Sincere Bradley B Groe Title Agent Realty Title & Closing Services, LLC ENGINEERING S-."RVICES INC. 1207 S. Old Missouri Rd. 0 P.O. Box 282 O Springdale, Arkansas 7276S-0282 Ph: 479-751-8733 0 Fax: 479-751-8746 4203 Richmond Place. o Texarkana, Texas 7SS03-0004 Ph: 479-318-7248 Date: June 9, 2021 Greetings: EXHIBIT s This letter is given in connection with what is understood to be an effort to voluntarily annex certain real property into the City,of Fayetteville. I am a licensed Professional Engineer (or licensed Surveyor) in the State of Arkansas. Based on my review I verify that the real property described as follows, and as shown on the map labeled Exhibit A in the attached annexation petition of which this letter is a part, is contiguous with the City of Fayetteville and that no enclaves will be created if the described property is accepted by the City of Fayetteville: Legal Description COMMENCING AT THE NORTHEAST CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 11, SAID POINT BEING A FOUND STONE; THENCE S87°34'17"E A DISTANCE OF 661.38 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE S87°34'17"E A DISTANCE OF 661.11 FEET TO A FOUND 5/8 INCH REBAR; THENCE S02°18'03"W A DISTANCE OF 668.09 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156"; THENCE CONTINUING S02°18'03"W A DISTANCE OF 1552.01 FEET TO A SET IRON PIN WITH CAP "PLS 11.56"; THENCE N87042'15"W A DISTANCE OF . 340.91 FEET TO A SET IRON PIN WITH CAP `PLS 1156"; THENCE ALONG THE EAST LINES OF HERITAGE VILLAGE SUBDIVISION PHASES I AND II, NO2°17'45"E A DISTANCE OF 1552.97 FEET TO. A FOUND MONUMENT IN CONCRETE "PLS 1274"; THENCE LEAVING SAID EAST LINES, S87°32'32"E A DISTANCE OF 341.05 FEET TO THE POINT OF BEGINNING, CONTAINING 12.15 ACRES, MORE OR LESS, AND SUBJECT TO THE RIGHT OF WAY OF NORTH 54th AVENUE ON THE EAST SIDE THEREOF AND ALL RIGHTS OF WAY, -EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. Sincerely, Blake Murray, P.E. Project Engineer Enclosures ARKANSAS ICEN D FE O N * 1 .17178 0 r\V OFgUT/9NGINEERING o SERVICES, INC. z v 131 S Brian J. Moore, P.E. I S Titn J. Mays, P.E. I Jason Appel, P.E. Jerry W. Martin President Vice Presiden: ecretaiyrFmnurer Chainnan of the Board 3 �' "F °,i < Iivw`.:'e"ri �neeriri services tom, ` �';,CoRsuftingErigirieersadSurveyors`�;���.»i.��.,_ !N_ _9_� 9_ _ c7 � 'M IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKA SC IN THE MATTER OF ANNEXING TO THE C$TY OF FAETTEVILLE, ARKANSAS��, z, CERTAIN TERRITORY CONTIGUOUS TO � �- SAID CITY OF FAYETTEVILLE, ARKANSAS CC NO.2021-9 VERIFICATION BY COUNTY CLERK I, Becky Lewallen, County Clerk of Washington County, Arkansas, state that my office has received the Petition for Annexation in this matter; that my office has reviewed said Petition; and that!I hereby verify the following: ' 1. The petition is in writing; 2. The petition contains an attestation signed before a notary by the property owner of the relevant property confirming the desire to be annexed; 3. The petition contains an accurate description of the relevant property; 4. The petition contains a letter or title opinion from a certified abstractor or title company verifying that the petitioner is the owner of record of the relevant property; 5. The petition contains a letter or verification from a certified surveyor or engineer verifying that the relevant property is contiguous with the annexing city or town { and that no enclaves will be created if the property is accepted by the city or town; and, 6. The petition includes a schedule of services of the annexing city or town that will be extended to the arena within three (3) years after the date of the annexation L O ' "becomes final. BECKY LE ALLEN, COUNTY CLERK • .. F i E • DATED: 6. The petition includes a schedule of services of the annexing city or town that will be extended to the arena within three (3) years after the date of the annexation becomes final. BECKY LEWALLENT, COUNTY CLERK DATED: i rM � i OCIr- tT IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANS)gy 2 IN TI)E MATTER OF ANNEXING TO . THE CITY OF)kAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS TO SAID! CITY OF FAYETTEVILLE, ARKANSAS CC NO.2021-9 i VERIFICATION BY COUNTY ASSESSOR I, Russell Hill, County Assessor of Washington County, Arkansas, state that my office has received the Petition for Annexation in this matter; that my office has reviewed said POW017; and i . that I hereby verify the following: i 1. The petition is in writing; j 2. The petition contains an attestation signed before a notary by the property owner of tt►c rcicvarit property`contnning the desire to be annexed;----- ___-•_ - - 3. The petition contains an accurate description of the relevant property; 4. The petition contains •a letter or title opinion from a certified abstractor or title company verifying that the petitioner is the owner of record of the relevant property; 5. The petition contains,.a letter or verification from a certified surveyor or engineer verifying that the relevant property is contiguous with the annexing city or town and that no enclaves will be created if.the property is accepted by the city or town; and, F14 -2oce 6. The petition includes a schedule of services of the annexing city or town that will ! be extended to the arena within three (3) years after the date of the annexation i becomes final. I IZU ) LL MILL, COUIv'1'Y �ASSE�S .2 SO i • i DATED:,i �l lu WASHINGTON COUNTY ® STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444-1994 BECKY LEWALLEN County And Probate Clerk CERTIFICATE OF COUNTY AND PROBATE COURT THE STATE OF ARKANSAS, COUNTY OF WASHINGTON. I, Becky Lewalien, County and Probate Clerk within and for the County and State aforesaid, do hereby certify that the annexed and foregoing is a true and correct copy of the entire file of CC2021-9 Annexation to Fayetteville. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on This 0215' day of �� , 2021. County Clerk By. Dep County Clerk �.RkA�Nt5�P'. BECKY LEWALLEN County And Probate Clerk To whom it may Concern: WASHINGTOH COUNTY STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444-1994 October 21, 2021 You will find enclosed an Annexation to the City of Fayetteville. If you have any further questions please don't hesitate to call. Thanks, lifer Sharpshair Chief Deputy County Clerk 280 N. College Ave.; Suite 300 Fayetteville, AR 72701 (479)444-1711 Nov D 12021 Beer e ary o �, f St.t. Department of Transformation and Shared Services Governor Asa Hutchinson Secretary Amy Fecher ; Director Shelby Johnson June 8, 2021 Mr. J. R. Carroll Attorney at Law - Kutak Rock LLP 234 E. Millsap Rd., Suite 200 Fayetteville, AR 72703 RE: City of Fayetteville Annexation Coordination Requirement Mr. Carroll, Thank you for coordinating with. our office as you seek to annex property into the City of Fayetteville, AR located in Section 11, Township 16 North, Range 31 West. This letter represents confirmation that you have coordinated with our office (Arkansas GIS Office) as specified in § 14-40-101 (Act 914 of 2015) of the 901" 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 appropr►ate filing by your County Clerk. Sincerely, Jennifer Wheeler, Sr. GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H : \City_Annexations\Cities\Fayetteville\20210125\Doc\20210608_Revised_Fayettevilte_Annexation_Coordi nation_Letter.doc x Arkansas Geographic Information Systems 501 Woodlane Street, Suite GO4 * Little Rock, AR 72201 * 501.682.2767 TRANSFORM.AR.GOV Proposed Annex *revised'! City of Fayetteville June 2021 City: FayettevIlVe Mayor: Uone'd Jordan Arknass Code 14-40101. Before on nmy undertakes an errleratbn, conso,:dston, or detachment prousChp under this chapter, the ently BMA toad: me re with the Arkansas OaogrW* tnlovnrtbn Systems 01rce for preparefen of legal descdo!.ions and d'abJ mapping for the rafevnf annarsuah, consOMOV00, and detachment area. The mep oonta!rwd hcteb, is cv:den the en"!y hes nwt mgaiUtnvntt M A. 914012015