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HomeMy WebLinkAboutOrdinance 6570113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6570 Doc ID: 020621840004 Type: REL Kind: ORDINANCE Recorded: 06/30/2022 at 10:26:11 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00021882 Cs File File Number: 2022-0432 � N o N ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): Z: G7 r. to C) O XII AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION Yam- PETITION ANX 22-001 SUBMITTED BY WINDELL CULLERS FOR PROPERTY LOCATQ am- SOUTHEAST SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 yP s CONTAINING APPROXIMATELY 41.53 ACRES ;a� C 3 WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 41.53 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. Page 1 Printed on 618122 Ordinance: 6570 File Number: 2022-0432 PASSED and APPROVED on 6/7/2022 Attest: `0punm11"I i ``��G�'ER' ' • T;4F i4�i Kara Paxton, City Clerk Treasurer ; FAYET7-EVIILE Ot� NSP� • [� `�. Page 2 Printed on 018122 ANX-2022-0001 Close Up View BITTERSWEET -DR Z J J J _MARBLE _= ID RGE DR = U Z W lY LL — Neighborhood Link Unclassified Residential Link w Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) -r-HUGHMOU 0 115 230 Cullers Subject Property Feet 460 1.3,750 NSF-8 .•� 920 LIERLY,LN "—-BERSEIS DR I w a a U W Z W N TITUS DR— RS F --t MAHOGANY DRY IN i I i FNORTH RSF-4 RSF-8 Neighborhood Conservation ANX-2022-0001 EXHIBIT'B' A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND RUNNING THENCE S03°05'37"W 528.00', THENCE N87°29'28"W 1319.78', THENCE NO2°3339"E 534.55', THENCE NO2°40'36"E 519.00', THENCE S87°12'24"E 405.89', THENCE NO2°48'32"E 327.66', THENCE NO1'17'12"E 460.21', THENCE S87°07'19"E 499.10', THENCE S02'20'59"W 713.39', THENCE S87°14'20"E 423.00', THENCE S02°22'57"W 592.87' TO THE POINT OF BEGINNING, CONTAINING 41.531 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 06/30/2022 10:26:11 AM and recorded in Real Estate File Number 2022-00021882 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0432 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 22-001 SUBMITTED BY WINDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 41.53 ACRES WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 41.53 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 61812022 City of Fayetteville Staff Review Form 2022-0432 Legistar File ID 6/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ANX-2022-0001: Annexation (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS, 243): Submitted by WINDELL CULLERS for property located SOUTHEAST OF N. HUGHMOUNT RD. and NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.53 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 JUNE 7, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: May 20, 2022 CITY COUNCIL MEMO SUBJECT: ANX-2022-0001: Annexation (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS, 243): Submitted by WINDELL CULLERS for property located SOUTHEAST OF N. HUGHMOUNT RD. and NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.53 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: City Planning staff and the Planning Commission 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 northwest of Fayetteville approximately half a mile north of the intersection of W. Mount Comfort Road and N. Hughmount Road. The overall property includes five parcels totaling 41.53 acres. Three of the parcels are large lots that are currently developed with single- family dwellings and accessory agricultural structures. The remaining two lots are smaller parcels which are currently undeveloped. The site is relatively flat, sloping gradually downward towards Clabber Creek riparian corridor to the south. Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation would be for the benefit of themselves and three other property owners. No future development or rezoning is proposed with this request. Public Comment: Staff has received no public comment regarding this request. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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. 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 reduces a peninsula in the City's boundary as the subject property is bordered by the city limits of Fayetteville on three sides. Immediately to the west is the Hughmount Village subdivision which was annexed in 2020. To the east is the Lierly Lane subdivision which was annexed in 2006, and the Clabber Creek subdivision which was annexed in 1998. Aiden's Place subdivision is currently under construction to the south. While there are a few adjacent parcels southeast of Hughmount Road that were not included with this annexation request, the proposed area to be annexed would further establish Hughmount Road as a logical boundary, consistent with previously annexed properties to the east and west. The requested annexation would not create an island in the City's boundary. Fire protection is currently provided to the site by the Wheeler Fire Department. Although not the primary responder, fire protection is also provided by the City under its automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access to sanitary sewer, but sanitary sewer extensions and upgrades would be required to serve the entire property. While there are sanitary sewer mains adjacent to the subject property, connections are not currently permitted without City Council approval since the property is in Washington County. Incorporating the subject area could create an opportunity for additional connectivity per the 2040 Master Street Plan since the north side of Hughmount Road is designated as a planned Residential Link with extension to the east and west, and a planned trail connection runs along the east side of the property, extending south toward the Clabber Creek trail. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the May 9, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner McGetrick seconded. Commissioners offered little comment, finding the request to be appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report ANX-2022-0001 Close Up View ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ BITTERSWEET-D Z J J MARBLE RIDGE DR = 0 Z W Neighborhood Link Unclassified Residential Link ■ ■ Planned Residential Link _1 Planning Area _1 Fayetteville City Limits - - - Trail (Proposed) Cullers HUGHMOU ;,--=LIERLY LNT III I Subject Property 1 p Y '-�—BERSEIS DR- 0 W Z W N I I I TITUS DR—' I I , RSF-4 I MAHOGANY -DR I I T-, I I RSF-8 NORTH RSF-4 Feet RSF-8 Neighborhood Conservation 0 115 230 460 690 920 1:3,750 ANX-2022-0001 EXHIBIT V A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND RUNNING THENCE S03°05'37"W 528.00', THENCE N87°29'28"W 1319.78', THENCE NO2°33'39"E 534.55', THENCE NO2°40'36"E 519.00', THENCE S87°12'24"E 405.89', THENCE NO2°48'32"E 327.66', THENCE N01°17'12"E 460.21', THENCE S87°07'19"E 499.10', THENCE S02°20'59"W 713.39', THENCE S87°14'20"E 423.00', THENCE S02°22'57"W 592.87' TO THE POINT OF BEGINNING, CONTAINING 41.531 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: May 9, 2022 (Updated with results from PC hearing) SUBJECT: ANX-2022-0001: Annexation (SE OF N. HUGHMOUNT RD./CULLERS, 243): Submitted by WINDELL CULLERS for property located SE OF N. HUGHMOUNT RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.65 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX-2022-0001 to City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward ANX-2022-0001 to City Council with a recommendation of approval." BACKGROUND: The subject property is northwest of Fayetteville approximately half a mile north of the intersection of W. Mount Comfort Road and N. Hughmount Road. The overall property includes five parcels totaling 41.65 acres. Three of the parcels are large lots that are currently developed with single- family dwellings and accessory agricultural structures. The remaining two lots are smaller parcels which are currently undeveloped. The site is relatively flat, sloping gradually downward towards Clabber Creek riparian corridor to the south. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Rural Residential Washington County: AG/SF Res 1, Agricultural Single- family Residential 1 Unit per Acre South Single -Family Residential NC, Neighborhood Conservation; RSF-8, Residential Single -Family, 8 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family 4 Units per Acre Washington County: AG/SF Res 1, Agricultural Single - West Single -Family Residential family Residential (1 Unit per Acre); RSF-8, Residential Single -Family, 8 Units per Acre Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation would be for the benefit of themselves and three other property owners. No future development or rezoning is proposed with this request. Public Comment: Staff has received no public comment regarding this request. INFRASTRUCTURE: Streets: The subject property currently has frontage along Hughmount Road to the north and west. Hughmount Road is an approximately 20-foot-wide paved county road. It has open ditches on each side, no curb and gutter, and no sidewalk. Any street improvements required in the area would be determined at the time of development proposal. Water: Public water is available to the subject property. A six-inch water main exists along the property's western and northern Hughmount Road frontage. A water main stub out is also planned in two locations from the adjoining property to the south which is currently under construction for a residential subdivision. Sewer: Sanitary sewer is not currently available to the site. However, a sewer main extension has been permitted as part of the residential subdivision under construction to the south. Once completed, sewer access will be available to a portion of the proposed area to be annexed, mainly parcel 001-16804-000. Other parcels would be responsible for extending sewer at the property owner and/or developers' expense if they wanted to connect into sanitary sewer. Drainage: No portion of the property lies within the Hillside Hilltop Overlay District (HHOD) or a FEMA floodplain, and no protected streams are present in the area. Hydric soils are present in the southeast corner of the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property, a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 7, located at 835 N. Rupple Road, protects this site. The property is located approximately 2.9 miles from the fire station with an anticipated drive time of approximately six minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 1 and 4 for this site with a weighted score of 4 at the highest level. The following elements of the matrix contribute to the score: • Near Water Main (N. Hughmount Road) • Near Sewer Main (South of property, Aiden's Place SD) • Near City Park (Lierly Lane Park; Clabber Creek Trail Corridor) • Near Paved Trail (Clabber Creek 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 reduces a peninsula in the City's boundary as the subject property is bordered by the city limits of Fayetteville on three sides. Immediately to the west is the Hughmount Village subdivision which was annexed in 2020. To the east is the Lierly Lane subdivision which was annexed in 2006, and the Clabber Creek subdivision which was annexed in 1998. Aiden's Place subdivision is currently under construction to the south. While there are a few adjacent parcels southwest of Hughmount Road that were not included with this request, the proposed area to be annexed would further establish Hughmount Road as a logical boundary, consistent with previously annexed properties to the east and west. The requested annexation would not create an island in the City's boundary. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in northwest Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing no subdivisions. Development is limited to buildings and activity associated with low -density residential and agricultural land uses. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundary follows the property lines of the subject property. To the south, the annexation boundary aligns with existing, incorporated land, closing a peninsula between the Hughmount Village subdivision to the west and the Clabber Creek subdivision to the east. The western and northern extent of the property is bounded by Hughmount Road. The 2040 Master Street Plan shows a future Residential Link connection extending from the northern section of Hughmount Road. Incorporating the subject property could create an opportunity to improve Hughmount Road, and it could provide an opportunity for cross access between the subdivisions to the west and east. Cross access through the property could reduce traffic impacts on the Clabber Creek bridge to the south, which is in need of improvements. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject property is adjacent to City water and sewer but slightly outside of the current acceptable response time 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 property is only developed with three single-family dwellings and accessory structures that are used for agricultural purposes. The existing tree canopy on the site is minimal and no portion of the property lies within a FEMA floodplain, the Hillside -Hilltop Overlay District, or a streamside protection zone. However, hydric soils are present in the southeast corner of the property. Annexing the property would subject any future development to the City's higher standards and criteria for environmentally sensitive areas. Since hydric soils are present, wetland studies would be required at the time of building permit review. 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 8.2 minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minute 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 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Fire protection is currently provided to the site by the Wheeler Fire Department. Although not the primary responder, fire protection is also provided by the City under its automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access to sanitary sewer, but sanitary sewer extensions and upgrades would be required to serve the entire property. 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Since sanitary sewer main extensions have been permitted for the development to the south and the property currently has access to City water, Engineering does not anticipate a need to upgrade utilities. 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 property. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: Not applicable; the extent of the proposed annexation is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. If the property were to be annexed, it would be subject to the City's stormwater ordinances. 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 per UDC §161.01(E). No request to rezone the property has been submitted. 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 have been 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, further establishing the portion of Hughmount Road which runs east to west as a logical, `squared -off' boundary for the City. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the subject property, a fiscal impact assessment was not conducted for the requested annexation. However, it 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. RECOMMENDATION: Planning staff recommends forwarding ANX-2022-0001 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: May 9, 2022 O Tabled ® Forwarded O Denied with a recommendation Motion: Canada of approval. Second: McGetrick Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request Letter • Applicant Exhibit • Order of Annexation • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map m C � ' � {q 44 4• O 4} � I� 06 b• b r LL E v 0 E a) P� o 0 o• o O ° as OD b b. b b b -00000 T... 1 y:j I Y + S O acr _ ICJ � •r,� � - +'''., a LE ti ti L LL cf,r[:R 11'11�1, I 24 PIOVN rA J N CL 35 5/ 34 33� '!''= 1 1�_a: •I, . Y Hocrc S �F Qz IT L2 /3� 37 38 39 40 LU T iz J�s Za RN 0 E t J-.11 W) a) M V C, -C� 45 in -cs 4=: mu p u Ju U -41 M C,3 C4-4 M Is MD kj, Cc) 'Cc) > ;i c m 0 to Lut F� 8 t4U N bUA Q. u ro-)o o M Lo r— A ok Lo 110 iz � bA Cd a) -01 4-4 Qn cn "" 4.4 � p OH O ° � 4-4Q. a, ct3 H bD O4] N s N O cd 'C'. 4-i (A O U cd a) ^C '� N U 4-i � cn O cd O p N 4, N O O° v' Q C,3 O U U bA 'd C13 cti o bA ~ 1 H cd cd O H • • • • • U • • H N LO 0 0 0 0 0 0 =I . N "" cd N O N O ct 'C U cC Uj cd U O U O � � O cs y Vm Z N .� ) 1=4 .� a> PLO IM. czs O cz " IS, a H Lo � U wo �Mh-- CITY" OFFAYETCEVILLE P(:AWNG CIET SUBJECT: ANNEXATION OF41 ACRES TO THE CITY OFFAYETTEVILLE 3/7012Z= 1 am requestirrg for the benefit of mirseFl and three other owners of property located on hlerih Hughmount Ttoad, -annexation of 41.135 acres to the city of F:ayett.evAle, Ar, 'The property .abuts the L erly stsbdMsm"'Uhish %-a&ZrkvNexed into *,he dtj l%MstsoA 4a%#tkte4a%%e_on*JoaIla%?eass.ago... The-5outh boundrtr was annexed into the situ in 2020. There are no islands in the 41.65 acres, and the prqwny abuts; Hughmount 9d an the west -and the erurttr_ Utilities are avadable_arr Hughrmount-Rdf waster, electricity-,. natural, gas; and sewer is about ZM feel: from this-propertlr orr both the'east and the vwest,side. This is rrot-an -Envirronmentaifysensitive-area,. it is not in the food plain -and the -area Mrill not.be adversely- impacted by future development. Public services are currently serving adjacent sbbdivisions that abut this property on two sides and d'uvaly'acrrxz Hughrnoun3 ftad in Highr mTA Village. leloarit Momal srervire^s will be required ar. no request for development is being proposed in this annexation. I have�submitted natori2ed statements-lay-the:faticawing,ownerstorepresentthern,irrthis-requestfor- annexati.on. to the. dt-y of Fayettteville.. Tina Broida Yalanda. Fields .James -and Betty Ezell Windell and Linda-Culls.-rs NW CORNER SEI/4, NWI/4 SECTION 31 N. HIICHMOUNT RD.(NEIGHBORHOOD LWK) T-17-N,R-30-Wt 55MM., 6TMAX. R/W PER M.S.R(MAX, SHOWN) g001-16804-001 �3 (NOT A PART OF #001-16804-003 I ANNEXATION) I, (NOTA PART OF ANNEXATION) I III k I � 3 #001-16804-002NOT A PART OF I < II (ANNEXATION) II I I I I I a I II O I xI Oy I I Cw 4001-1680E-000 g0 3 it MOT A PART OF ANNEXATION) II I I z II i i z I ' S 87"1224" E 405.89' I _ $ EAF BASELINE 8 LA79 ACRES C080026 g '" 2.1]9 ACRES z PoB z I PARCEL ry #001-168U34100(xl) S SllI ." E 40535' N 8]°12'24" W 405.24' Z l N001-16803-000 (12) BROmA, TINAG A. BAR LAFAYETEM CO SM26 2-175 ACRES+/- SW CORNER POB SHIA FEAL. I PARCEL SECTION 3l 1001-16803-000 (S2) T-17-N,R-30- 4M ]n �2fi1 eb' -- .—_ - - Ir �� I j �JZ1� I FIELDS, YOLA L j FIELDS,IJGHM U 3034NHU ILLS AR RD FAYETTEVILLE, AR 72704-5974 3.885 ACRES+/- xoDl-168oa000 B - HS, OELL W &LMDA D 022HUGHMOUNT RD C'e 3022 N FAYETTEVILLE, AR)2]04 _ t 1 16.692 ACRES p 168.3-001 CULLERS, WINDELL W & LINDA D 3022 N HUGHMOUNT RD FAYETTEVILLE, AR]2]04 0.475 ACRES+/ - ANNEXATION EXHIBIT 237,00' 423HIF S 8]"1420" E 660AD, TOTAL ACREAGE PROPOSED ANNEXATION 41.531 ACRES +/- m 3 BE C BE CORNER SECTION 31 T-17-N,R-30-W 3 I 9EoHo' c.o>----- N8]"12'24"W 1324.]0' \\ zI f—1 1 I �J LI '3I l6 wlI WI-16805-OW al > _ II EZELL, LAMES& BETTY REVOCABLE TRUST - 2'1]8 NFIIIGHMONT RD FAYETTEVILLE, AR 72704 ZO I I 16126 ACRES +/- 3 PARCEL 001-16805-000 & PAR 4001-16SN-Ml — — — K I FIELD WORK: pMI OCTOBER2&3, 2019 `< BASIS OF BEARING: wI O 120' 240' 360 GPS OBSERVATION - AR NORTH ZONE 4 3I REFERENCE DOCUMENTS: GRAPHIC SCALE GN.PERT) 2) QUITCLAIM DEED FARYS DEED ITLED IN LED MM BOOK 2/6 AT PAGE 523 ATP GE 29556 I Inch=120R. 3) WARRANTY DEED FILED IN BOOK 2015 AT PAGE 25495 4) QUITCLAIM DEED FILED IN BOOK 2017 AT PAGE 6291 5) PLAT OF SURVEY FILED INBOOK 2005 AT PAGE 23078 6) PLAT OF SURVEY FILED IN BOOK 200] AT PAGE 2127 N 8]°29'28" W 1319,78' 7) PLAT OF SURVEY FILED M BOOK 6 AT PAGE 561 chi ' 8) PLAT OF SURVEY FILED M BOOK 2013 AT PAGE 4725 9) QUITCLAIM DEED FILED IN BOOK 2011 AT PAGE 26331 LEGAL DESCRIP"GONS OF PROPERTY TO BE HE QUITCLAIM DEED FILED M BOOK 2000 AT PAGE 92565 APART OFTHE SOUTHE AST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF TEE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1]NORTH, RANGE 30 WEST, WASHMGTOH COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRBED AS FOLLOWS, i0- 1BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OPTHENORTHWESTQUARTERANDRUNNINGTHENCESo3°05`lr"W 528.00',THENCEN8]°2V28"W1319.T8',THENCEN02°3359"E534.55',THENCEN.2° 16"E 519.On, THENCE SSUIT24TEGS1,THENCEN02°4852"E"I.66', THENCE N01°IT'12"E460.21',THENCE S8]°0]' 19"E499.10, THENCE , THENCE S02 THE POINT OF BEGINNING, CONTANEPII 41.531 ACRES, ... I LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. U01 fYOLANDA FIELDS): A PART EAST QUARTER OF THE NORTHWEST QUARTER OF SECTION II, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINI TEN COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TWIT. BEGINNING AT A POINT WINCH IS NO2°22'17"S 592.87, THINNER NST 1420"W 421.N' FROM THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THB NORTHWEST QUARTER AND RUNNING THENCENS'1°14'20'W 23].00', THENCE NO2°19'S2"E'113.BT, THENCE S8l°0]'19"E 231.23', THEMES 502°20'S9"W ]13.39' TO TFE POINT OF BBGMMNG, CONTAINING 3.855 ACRES, MORE OR LESS. SUBIECPTO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL M001-16SOa-OW (WIrvDELL & LMDA CULLEMeY. ART OF THE SOUTHEAST QUARTER OF THENORTHWEIT QUARTEROF SECTION 31, TOWNSHIP ITNORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEM. MORE PARTICULARLY DESCRIBED AS FOLLOWS, —FIT: BEGINNING -THE SOUTHEAST CORNEROF SAID FORTY ACRE TRACTAND RUNNING THENCE Ne] 122a w 920.00, THENCE Noe 483E E M666, TxENcervol I] 12"E 460.21', THENCE Se]°oT 19'E 261.86', THENCE 502°19S2^w T13.aT, THENCE Se]°14'2o^E 660.00', THENCE 502°22'ST^w 592.87' TO THE PomioF BEGINNINq corvTAMMc 16.69E ACRES, MORE OR LESS. SUBJECT TOALL EASEMENTS AND Iucx'HSOF-WAY OF RECORD. -0DI (WINDECL&LMDA CULLERSI: A FARE OF FEE ST QUARTER OF THE NORTHWEST QUARTER OF SECTION ll, TOWNSHIP 17 NORTH, RANGE 10 WEST, WARFUN TON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT'. BEGINNING AT A POMP WHICH IS N-12'24"W 920.W AND NO2°48'32"E 234.W FROM THE SOUTHEAST CO -ER OF SAM FORTY ACRE TRACT AID RUNFUNG TPEECE W 4DS24', THEENCE M2W 16-E I L., THENCE 18712—E 053S, THENCE SIDIIII-W I LIST TO THE POINT OF BEGANISES., CO—INING FT471 ACRES, MOSE OR LESS. SUBJECT TO ALL EASENEENTI AND FUGFITS-OF-WAY OF RECORD, 22 PARCEL p001-16803 CENA BROIDAI: OL A PART OF THE SOUTHEASTQUARTER OFTHE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 1] NORTH, RANGE 30 WEST, WASHMGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-W T BEGM WG AT A POINT WHICH IS NB]°li'24"W 92000' AND N 02°4S'32" E 28l'. FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°12'N"W 405 35', THENCE NO2°40'36"E 234,W, THENCE 117 1111E RISS9', THENCE IO2°48'32"W 214,. TO THE POINT OF BEGINNING, CONTAMMG 2,179 ACRES, MORE OR LEIS. AND ALSO: k2: A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 0 N.M. RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAI, BEING MORE PARTICULARLY DERCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NB7°12'24"W 920Ob FROM THE SOUTHEAIT CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE 1871324'W 404.]0', THENCE NO2°40161 23400', THENCE 587°12'24"E405.24', THENCE 502°48'32"W 23400' TO THE POINT OF BEGINNING, CONTAINING 2.1]5 ACRES, MORE OR LESS, SUBHECTTO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PAREEL -WO (LAMES ffi BETTY EZELL REVOCABLE TRUST: STQl TER ST QOARTEROFSECTION3I,TOWNSRWI]NORTR,RANGE30WMT,WASHMGTONCOUNTY,ARKANSAS,BEMGMOREPA WULARLYDESC EDASFOLLOWS,—WIT:BEGMNMGAi THENORTHEASTCORNEROFSAINFORTYACRE—TANDRUNNMGTHENCE 'HE THE E R87-12-C 13243(F TO -1 POINT OF BECHHHENG, CONTACHING 16,126 ACRES, MORE OR LESI. I-JECT TO ALL EASEMENTS AND RFGHTS­WAl OF REFORD, FORUSBANDBB MOOS: Locative Map: C/�CISID RECORDING NUMBER/DATE i n Ese /����•4�& R-30-W LEGEND: VV LAR D SYM-1 AD ucaaoaaT AsscKA tes, nC. BiE ouuoA�n IH BAvnuc. L T51031 c sns EIgYIrIa Surwyarm Lantleeape Arehllet4 •Fo _ ceNTeuO.m oexoao (/{I/ D� o 1E805 os P2 2D y �� ---- DA UND1 PMAR PAxceiime o LlIA10 : 31 o IFTEDENNr Fouly LnuFLrE UNe n TC.,IAIGE: IT RE E z WDDDPwAY Y k Ap DocuSign Envelope ID: 9FAOFBDF-7597-4D32-B4AF-76452OA7AO5C 2022 MAR _ 4 AM 8., 3 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO. 2022-2 ORDER CONCERNING ANNEXATION On this 4a' day March, 2022, 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: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further fmds 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 delivered to the City of Fayetteville, Arkansas. DocuSigned by: - JOSEPH K. WOOD, COUNTY JUDGE DATED: Mar 4, 2022 1 8:35 AM CST ANX-2022-0001 One Mile View rWHEELER RD Neighborhood Link Unclassified Residential Link M Planned Residential Link - - - Shared -Use Paved Trail — — — Trail (Proposed) Fayetteville City Limits r _ Planning Area Cullers 0 0.13 0.25 0.5 Miles 1 1 1 1 1 1 1 1 1 1 1 Subject Property 1 1 NS-G 1 , • Planning Area Fayetteville City Limits RSF-1 ORTH 1 F 11 ' 1 11 1 ' 1 11 1 1 1 ' 1 1 ' 1 �I 1 ' 1 11 1 1 1 ' 1 1 RSF-4� I I RSF-8 I I I I I I I I ILI — I NC IF • • i %-• zoning General lnauatriel RESIDENTIAL SINGLE-FAMILY EXTI-2 RA ION NS-G E-1 RI-u COMMERCIAL ii RI-12 ResltleniiaFOfice ii NS-L G1 �ResltleMlal-�dWIW21 �G-2 RSF-.s Ica RSF-1 FORM BASED DISTRICTS RSF-2 M Dow —Core RSF4 Uman Tnomagnrare RSF-] Mein Sireat Cen[er RSF-It General RSF-18 Community Services RESIDENTIAL MULTI -FAMILY NeigbborM1ooa services 1111111 R.-NeigM1borM1ootl Conservation RMF-12 PLANNEDZONING DISTRICTS RMF-ie =Commercial, Intla—I, Reeldentlal RMF-2a INSTITUTIONAL RMF-00 _P1 INDUSTRIAL I-1 H--Commensal and Light Indu-1 ANX-2022-0001 Close Up View ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ BITTERSWEET -DR Z J J MARBLE RIDGE DR = 0 Z w Neighborhood Link Unclassified Residential Link ■ ■ Planned Residential Link _1 Planning Area _1 Fayetteville City Limits - - - Trail (Proposed) Cullers HUGHMOU I,--=LIERLY LNT III I Subject Property 1 p Y '-�—BERSEIS DR— �I U �i w �I Z �I w N If �I TITUS DR—' �I I , RSF-4 � MAHOGANY -DR I I T-, I I RSF-8 NORTH RSF-4 Feet RSF-8 Neighborhood Conservation 0 115 230 460 690 920 1:3,750 ANX-2022-0001 Cullers A& Current Land Use NORTH ...HUGHMOUNT ---- Rural Residential Pot! r Subject Property �k , P ! t `i� t R r Single -Family Residential Single- Family Residential -I>� ,• p # "llo qv :7 • 4 i WF- IL �- R q ewar Single -Family Residential w#' Neighborhood Link FEMA Flood Hazard Data Unclassified Residential Link 100-Year Floodplain ■ ■ Planned Residential Link Feet Floodway — — — Trail (Proposed) 0 112.5 225 450 675 900 _i Planning Area _� Fayetteville City Limits 1:3,600 ANX-2022-0001 Future Land Use Rural Residential i BITTERSWEET DR I J J W J a MARBLE _ = RIDGE DR = U V Z W I w u_ -F—CANYON-RUN DR Neighborhood Link Unclassified Residential Link ■ ■ Planned Residential Link _1 Planning Area _1 Fayetteville City Limits - - - Trail (Proposed) HUGHM I Cullers Subject Property Residential Neighborhood Feet 0 145 290 580 1:4,800 870 ORTH I s---«LIERLY LN M I , Z �BERSEIS DR-S� �i Cn w IL . Z At ■ 0 'R D-TITUS Dk'� ' MAHOGANY -DR , I SPRING HOUSE DR I , ■ City Neighborhood ■ Civic Institutional ■ Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center ag���T9 Arkansas Secretary of State I ,"V John Thurston Arkansas Secretary of State, 500 Woodlane Ave, Little Rock, AR 72201-1094 RkrcaNa�'s Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 County: Washington City/Town: Fayetteville City Ordinance/Resolution No: 6570 Date approved: June 7, 2022 County Court Case No: 2022-02 Date Order Filed: March 4, 2022 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: July 8, 2022 Set by: ®Municipal Ordinance (-")Emergency Clause ®Court C) Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: QUpheldo Overturned®' Other (attach explanation Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.C.A § 14-40-203) Initiating party: QAII Landowners o Majority Landowners ®Municipal Governing Body ®State ®Other Supporting Documentation attached (check all that apply): ✓� File marked copy of City Ordinance/Resolution (required) ✓� File marked copy of County Court Order or certified annexation election results (required exceptforA.C.A. §14-40-501) ✓❑ Copy of Arkansas GIS approved printed map and certification letter (required) ✓� Proof of Publication for all Legal Notices (include Hearing, Election, and City Ordinance/Resolution notices) ❑ File marked copy of Petition Part (if applicable) aFile marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: Kara Paxton Street Address: 113 West Mountain St. Title: City Clerk 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 Official: Signature: Date: Title: Pursuant to Act 655 of 2017, County Officials must submit a file -marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Woodlane Ave Suite 256, Little Rock, AR 72201-1094 Office of the Arkansas Secretary of State use only Received by: Rev. 2/2019 DocuSign Envelope ID: 9FAOFBDF-7597-4D32-B4AF-76452OA7AO5C 2022 MAR _ 4 AM 8., 3 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO. 2022-2 ORDER CONCERNING ANNEXATION On this 4a' day March, 2022, 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: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further fmds 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 delivered to the City of Fayetteville, Arkansas. DocuSigned by: - JOSEPH K. WOOD, COUNTY JUDGE DATED: Mar 4, 2022 1 8:35 AM CST Department of Transformation and Shared Services Governor Asa Hutchinson Secretary Amy Fecher Director Shelby Johnson February 2, 2022 Mr. Windell Cullers 3922 N Hughmount Rd Fayetteville, AR 72702 RE: City of Fayetteville Annexation Coordination Requirement Mr. Cullers, Thank you for coordinating with our office as you seek to annex property into the City of Fayetteville, AR located in Section 31, Township 17 North, Range 30 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 90th General Assembly. Our office will wait completion of any additional steps necessary for the proposed boundary change, which normally comes from the Arkansas Secretary of State Elections Division after any appropriate filing by your County Clerk. Sincerely, Jennifer Wheeler, Sr. GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H : \City_An nexations\Cities\Fayetteville\20220202\Doc\20220202_Fayetteville_An nexation_Coordi nation_Letter.docx Arkansas Geographic Information Systems 501 Woodlane Street, Suite G04 * Little Rock, AR 72201 * 501.682.2767 TRANSFORM.AR.GOV c o �n.e c -i-, m-,. m— o -O 'oCo aCL --O oc_a—o E.E r �, 0 a i,°2mc, mo. rc S N y LL c vd ZUaiyov,c N0 P '� `ym$aoy mo re N S N >.J m m y c "� x c E 5 �..�r-� N IM u-O U mce°"�'Oc c coy_ _Gcm @ o E U G = d c w al O U O �N S -0 3 co t C O ;sod ap NAA T -a C �co ------- - IA a 4) U) O �I o I 2 ii °' 4oleo Ali aJld a > U) h _ NE)WO ysna8 - � snlsseo °' N N E m Fz asaJO MOpeyS a m li L N m - f eoauas a U sNeo uelpul LL �� Z E W 04 —aw!, g • •11 11 �� Junowy6nH c s f IIIH uaad c f a n AAOIIIM uaplo 0 � - co o) li 22 ladeyo u 3 a) o FO > -p o - -- -- -- -- -- ---- le alnbS AejE) JOowualo M Z � I y h PARCEL #001-16803-000 (TINA BROIDA): # 1: A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP t 7 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT: BEGINNING AT A POINT WHICH IS N87012'24"W 920.00' AND N 02048'32" E 285.00' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°1224"W 405.35, THENCE NO2°40'36"E 234.00, THENCE S87°1224"E 405.89, THENCE S02"48'32"W 234.00' TO THE POINT OF BEGINNING, CONTAINING 2.18 ACRES, MORE OR LESS. AND ALSO: #2: A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO — WIT: BEGINNING AT A POINT WHICH IS N87012'24'W 920.00' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87012'24"W 404.70', THENCE N02040'36"E 234.00', THENCE S87012'24"E 405.24, THENCE S0204832"W 234.00' TO THE POINT OF BEGINNING, CONTAINING 2.18 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS —OF —WAY OF RECORD. PARCEL #00 1 —16805-000 (JAMES & BETTY EZELL REVOCABLE TRUST A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S03"05'37"W 528.00', THENCE N8702928"W 1319.78', THENCE NO2°33'39"E 534.55, THENCE S8712'24"E 1324.70' TO THE POINT OF BEGINNING, CONTAINING 16.13 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS —OF W AY OF RECORD. PARCEL #tom 168M-0 (YOLANDA FIELDS) A PART OF THE FRACTIONAL SOUTHEAST QUARTER (SElf4j OF THE FRACTIONAL NORTHWEST QUARTER (NW1,14) OF SECTION THIRTY—ONE (311, TOWNSHIP SEVENTEEN (171 NORTH, RANGE THIRTY £301 WEST, BEING MORE PARTICULARLY DESCRIBER AS FOLLOWS, TO —WIT: BEGINNING AT A POINT WHICH 15 423 FEET WEST OF THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE VILEST 237.0 FEET, THENCE SOUTH 724.02 FEET, THENCE EAST 237.0 FEET, THENCE NORTH 724-02 FEET TO THE POINT OF BEGINNING, CONTAINING 3.94 ACRES, MORE OR LESS. SUBJECT TO THE PORTION IN -.0`Ut sm ROAD RIGHT OF WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT, AND ANY EASEMENTS OF RECORD. PARCEL #00 1 -16804-000 (WINDELL & LINDA CULLERS): A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87012'24"W 920.00', THENCE NO2°48'32"E 846.66', THENCE NO1°17'12"E 469.25', THENCE S87021'54"E 262.02', THENCE S02°19'52"W 724.01', THENCE S87°14'20"E 660.00', THENCE S02022'57"W 592.87' TO THE POINT OF BEGINNING, CONTAINING 16.74 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL #001-16803-001 (WINDELL & LINDA CULLERS A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87012'24"W 920.00' AND N 02048'32" E 234.00' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87012'24"W 405.24', THENCE N02040'36"E 51.00', THENCE S87°12'24"E 405.35', THENCE S02°48'32"W 51.00' TO THE POINT OF BEGINNING, CONTAINING 0.47 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. V-, Vamqlwool Ju CERTIFICATE OF SIGN POSTING (attach photo here) (sign lettering must be legible in photo) /, C° UU'L-MZS (print the name of the applicant/representative/person posting sign), attest that the above sign was posted on 2PL2(monthldaylyear) adjacent to IJ 40-t *M lr �Z (name of street). (signature of person completing the sign posting) City File No.lName: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this -R day off, 20�,�and addressed as follows: Name: Street: -?I--) City, State, Zip: 2 66I Name: �� D t-(Atq[ 1je_15 Street: 2 (V- 1J � )4LUI LDS 'IRD City, State, Zip:, a 7-)-70_t Name: �-�� �C� 1Zv/V,7' Street: .WWO-T-�c� City, State, Zip: C Name: Street. Pp. t ►RG'ILint/i I City, State, Zip: Name: Street: City, State, Zip: Name: l� Street: !�zW'-A (n -Ltsa'w L9 �34M City, State, Zip: C` tit (name of person completing the mailing) i � � 0) �0�1 � A ,v (signature of person co leting the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this _L�— day of��z , 20 zZrand addressed as follows: Name: RG-i'JO— Street: W`NA►v J1& �S 'Dq City, State, Zip:L� r� tir `7�cf Name: A IC� �-�1�1G �►�����-rT'-•1z Street: City, State, Zip:_ 11z Name: N k'nT--)-uAP O Street: �r, N - �►u �� i o �cS pTZ City, State, Zip:c , 727c�1 Name: i5'i :PI�'O_z C 1244 Street. Eu LA tQI ��rz_ City, State, Zip: S�J 'j Name: lI� rid "S I�ruD25C11 Street: L0N9LI v f�7- City, State, Zip: -70 Name: 1 <w k t-�- Street: M R415G AO UI Ov, City, State, Zip: _ rr� c i (� 44 (name of person completing the mailing) (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day off, 20.:2-?and addressed as follows: Name: A 0ZL-i"-zIZW f 1S Street: Z W !-� k9L) City, State, Zip: 'F--A L4 727p cI J Name: I-k T--� I7L-LAn9 PWP-j-rZ-j- ( r-2—S Street: -7`7 t ,--NaC� A City, State, Zip: F 4 � '] Z-Z o 9 Name: KOS %'Iti t!5 VAS i r� -)Luke. Street: 22&9 Q!`�I���C►�� t City, State, Zip: C= a.\,1. •727 c Name: TTza O9S G.. Street: 57W i�OA NIF-, City, State, Zip: Qy Name: 14�'3 S i i IC-0) C��c� Street., 4 Z Z Uy City, State, Zip: -r2„? Q� Name: (bg tLr' FC-iAL OCf-Ti Street: 144U NICtr5° t 1?0 City, State, Zip: -7276q (name of person completing the mailing) (signature of person completing the mailing) City File No. /Name: RTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this _Lq— day of 14�' 4 2Q2jf�, and addressed as follows: Name: 14 Loll c , -\) �'- (- C-)r4— 1 1ww > M�2 c l Street: k) 07— City, State, Zip: IZ r' �'z7ac1 Name: tza lC'_K- Street: City, State, Zip: Name: VZ A N �Z- Street. Q GY2!i La 14 ILL 00 City, State, Zip: 77z� Name: z Street. F,173-Z CA- Fk(-J-''4-� City, State, Zip: Name: Y'11 i tt MLt ��..�� Street. ��&Y 1) Az�t I IA I U- 1-� City, State, Zip: Name: J?zs tU - ! ' L.1 r V- Street: 2, N -F' 1-4l LL City, State, Zip: 7Z7�4 (name of person completing the mailing) I & IL�A (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U. S. mail, first-class, postage prepaid this _I!a_ day of�, 20�ZZ and addressed as follows: Name: Street: h AFRd ecmm �z— �-k tip- L'O City, State, Zip: 2� Name: A 4-K) Street: _�] �' � S �t Coy G - 4t` City, State, Zip: Name: Aar z;zffu) 010 +� Street: Z 5 rw; City, State, Zip: I-ZAY .Z-7-T e3 V Name: L W OAl- � Street: aka<' WtT V> City, State, Zip: Name: Eny-> 0 A__ 6� Street: •� LWCT Lk City, State, Zip: Name: + Street. N � City, State, Zip: p- 22 C3 U Lr _ i� (name of person completing the mailing) (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this _( _ day of : �7 , 202 and, addressed as follows: Name: 1 (411 _ j J. - Street: =tV P City, State, State, Zip: Name: Street: �T'r3m City, State, Zip:.�t, Name:;y,�� Street:I • City, State, Zip:T� Name: Street: City, State, Zip: Name: Street: G City, State, Zip: 15 Name: A.A Street: City, State, Zip: 1F d , �? 2tZC (L (name of person completing the mailing) �Qo Q&(�' � (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this (0 day of f , 20_;2 Z-and addressed as follows: Name: Street: - r I City, State, Zip: Name: Street: 9� City, State, Zip: ' Name: c+ Street: -1 ~71 'wZ -u City, State, Zip: �22ro t _ Name: L Street:� 1 City, State, Zip: Name: Street. C ►� City, State, Zip: 77C' " Name: LI Street: - `{- City, State, Zip: � 6 i rt, Li--� (name of per on completing the mailing (signature of r n completing the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this _ day of ,�k�7_ , 20 � , and addressed as follows: Name: Street: City, State, Zip:��,� Name: Street., City, State, Zip: Name: Street. City, State, Zip: ['ram ,®�►9 2- 7 Name: = N� Street: )07 �216 City, State, Zip: uvL Name: Street. City, State, Zip: Name: Street., City, State, Zip: 0 (name of person completing the mailing (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this 44_ day of � bZ , 20 2L?end addressed as follows: Name: P- l T:-�?-5 Street: JU_ LO, CO-A-111T City, State, Zip: Name: --rao ik A-S Street: LKC ! &Da CrT Vkl) City, State, Zip: 'fir, -e-2-7 Name:►�vL Street. City, State, Zip: Name: Street: City, State, Zip: Name: Street: City, State, Zip: Name: Street: City, State, Zip: (na a of person completing the mailing) (signature of person completing the mailing) City File No. /Name: NoRTxvvEsr AfucANSAs amorlu (Aiazette F 0 UICY 1607.; AYETTEVILLE, AR 4779.4?-l?00 - IWX: 479-695-1118 • WVVW 4V,ADG CUM 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 Planning Commission Notice of Meeting Was inserted in the Regular Edition on: April 24, 2022 Publication Charges: $62.32 &4� s;.. - Brittany Smith Subscribed and sworn to before me This 26—day ofa , 2022. Cathy Wiles (J Benton COUNTY NOTARY PUBLIC-ARKANSAS y Commission Expires 02-20-2024 Notary Public Z ram/ Commission No.12397118 My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. At 5:30 p.m., the following items will be heard at the Monday, May 9, 2022 Fayetteville Planning Commission meeting. Depending on the national, state, and local requirements, this meeting may be held virtually, with participation information found at hitp://www.fayetteville- ar.gov/calcndar.aspx?ClD=14, or in - person in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701. Please call the Planning Division at (479) 575-8267 or check the City of Fayetteville, AR website for guidance. RZN-2022-0019: Rezoning (811 N. OLIVE AVEJ PATTON. 446): The request is to remnc the property io RSF- 8. RESIDENTIAL SINGLE-FAMILY. 8 UNITS PER ACRE. ANx-2022.0001: Annexation (S. AND E. OF N. HUGHMOUNT RD./CULLERS, 243): The request is to annex properties totaling approximately 39.46 acres into the Fayetteville City Limits. 75542908 Apr 24, 2022 IN THE COUNTY COURT OF WASHINGTON COUNTY N n IN THE MATTER OF ANNEXING TO �\ N -- THE CITY OF FAYETTEVILLE, ARKANSAS -_ CERTAIN TERRITORY CONTIGUOUS CC Nfj�40229¢ ` 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 becomes final. q?vj�, OWL- BECKY LEW LEN, C UNTY CLERK DATED: 2022 mAR -3 PM 3' 14 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS K�7�CI�ZII�$�a 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 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, Y 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. 1 RUSSE L HILL, COUN ASSESSOR DATED: I A.' rm- I 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 6570 Was inserted in the Regular Edition on: June 12, 2022 Publication Charges: $118.56 Brittany Smith Subscribed and sworn to before me This 19 day ofA�, 2022. ca��k bd&�2 Notary Public My Commission Expires: 212_�.JL4 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC — ARKANSAS My Commission Expires 02-20-2020, Commission No.12397118 Ordinance: 6570 File Number. 2022-0432 ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 22- 001 SUBMITTED BY W(NDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 41.53 ACRES WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. 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 about 41.53 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 617R022 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $119.56 75564787 June12,2022 OF FAYE,TF � L 1 4 _ • i� G li 441 ANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6570 File Number: 2022-0432 ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 22-001 SUBMITTED BY WINDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 41.53 ACRES WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 41.53 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. Page 1 Printed on 618122 Ordinance: 6570 File Number: 2022-0432 PASSED and APPROVED on 6/7/2022 Approved: Attest: Lioneld Jordan, Mayor Page 2 Kara Paxton, City Clerk Treasurer Printed on 618122 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $118.56. JOHNTHURSTON RECEIVED OCT 12 2022 ARKANSAS SECRETARY OF STATE CITY OF FAYEfTEVILLE CITY CLERK'S OFFICE October 7, 2022 The Hon. Becky Lewallen Washington County Clerk 280 N. College Ave Fayetteville, AR 72701 Re: City of Fayetteville Annexation Ordinance 6570 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: 7/8/2022 County: Washington City: Fayetteville City Ordinance: 6570 Dated: 6/7/2022 County Court Order: 2022-02 Date Filed: 3/4/2022 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. Shantell McGraw Elections Division cc: Arkansas Geographic Information Systems Office (w/encl) Arkansas Department of Transportation Mapping Department (w/encl) Department of. Finance and Administration (w/encl) Arkansas Public Service Commission (w/encl) Arkansas Economic Development Institute (w/encl) The Hon. Lioneld Jordan, Mayor of Fayetteville (w/encl) The Hon. Kara Paxton, Fayetteville City Clerk/Treasurer (vv/encl) State Capitol • Suite 256 •500 Woodlane Street • Little Rock, Arkansas 72201-1094 501-682-1010 9 Fax 501-682-3510 e-mail. arsosC@sos.arkansas.gov • www.sos.arkansas.gov County: Washington 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 City/Town: Fayetteville City Ordinance/Resolution No: 6570 Date approved; June 7, 2022 County Court Case No: 2022-02 _ _ Date Order Filed: March 4, 2022 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: July 8, 2022 Set by: ©Municipal Ordinance ® Emergency Clause ©Court QDefauft (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: ()Upheldo Overturned() Other (attach explanation Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.C.A § 14-40-203) initiating party: QAII Landowners 0 Majority Landowners Municipal Governing Body ®State ()Other Supporting Documentation attached (check all that apply): File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required exceptforA.CA_ §14-40-501) Copy of Arkansas GIS approved printed map and certification letter (required) �✓ Proof of Publication for all Legal Notices (include Nearing, Election, and City Ordinance/Resolution notices) n 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 Street Address: 113 West Mountain St. City: Fayetteville Title: City Clerk 5t: 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 d l: Signature. Title:Ch*&g*�a" Date: Pursuant to Act 655 of 2017, County Officials must submit a file -marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500.Woodlone Ave Suite 256, Little Rock, AR 7 - I n Office of the Arkansas Secretary of State use only R)l �2g OCT 0 7 2022 Arkansas Received by: SeCretary oaf 20§, tate v. 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 August 24, 2021 To Whom it may Concern: You will find enclosed an ,Annexation to the City of Fayetteville. If you have any further questions please don't hesitate to call. Thanks, fifer Sharpshair Chief Deputy County Clerk 280 N. College Ave.; Suite 300- Fayetteville, AR 72701 (479)444-1711 BECKY LEWALLEN County And Probate Clerk 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 CERTIFICATE OF COUNTY AND PROBATE COURT THE STATE OF ARKANSAS, COUNTY OF WASHINGTON. I, Becky Lewallen, 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 the Annexation to Fayetteville. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on This day of , 2022. q2 � S� r) County Clerk City of Fayetteville, Arkansas Text File �~ File Number: 2022-0432 Agenda Date: 6/7/2022 Version: 1 In Control: City Council Meeting Agenda [Number: C.5 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 22-001 SUBMITTED BY WINDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONTAINNG APPROXIMATELY 41.53 ACRES WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVI.LLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 41.53 acres as described in Exhibit B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural_ Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Primed on 6/8/2022 City of Fayetteville Staff Review Form 2022-0432 iLegistar File ID 6/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ANX-2022-0001: Annexation (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS, 243): Submitted by WINDELL CULLERS for property located SOUTHEAST OF N. HUGHMOUNT RD. and NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.53 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 Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: L) — ��3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 7, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: May 20, 2022 CITY COUNCIL MEMO SUBJECT: ANX-2022-0001: Annexation (SOUTHEAST OF N. HUGHMOUNT RD.ICULLERS, 243): Submitted by WINDELL CULLERS for property located SOUTHEAST OF N. HUGHMOUNT RD. and NORTHWEST OF WARD 4. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.53 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: City Planning staff and the Planning Commission 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 northwest of Fayetteville approximately half a mile north of the intersection of W. Mount Comfort Road and N. Hughmount Road. The overall property includes five parcels totaling 41.53 acres. Three of the parcels are large lots that are currently developed with single- family dwellings and accessory agricultural structures. The remaining two lots are smaller.parcels which are currently undeveloped. The site is relatively fiat, sloping gradually downward towards Clabber Creek riparian corridor to the south. Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation would be for the benefit of themselves and three other property owners. No future development or rezoning is proposed with this request. Public Comment. Staff has received no public comment regarding this request. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation 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 Mailing Address: 113 W. Mountain Street 8 www.fayetteville-ar.gov Fayetteville, AR 72701 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. 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 reduces a peninsula in the City's boundary as the subject property is bordered by the city limits of Fayetteville on three sides. Immediately to the west is the Hughmount Village subdivision which was annexed in 2020. To the east is the Lierly Lane subdivision which was annexed in 2006, and the Clabber Creek subdivision which was annexed in 1998. Aiden's Place subdivision is currently under construction to the south. While there are a few adjacent parcels southeast of Hughmount Road that were not included with this annexation request, the proposed area to be annexed would further establish Hughmount Road as a logical boundary, consistent with previously annexed properties to the east and west. The requested annexation would not create an island in the City's boundary. Fire protection is currently provided to the site by the Wheeler Fire Department. Although not the primary responder, fire protection is also provided by the City under its automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access to sanitary sewer, but sanitary sewer extensions and upgrades would be required to serve the entire property. While there are sanitary sewer mains adjacent to the subject property, connections are not currently permitted without City Council approval since the property is in Washington County. Incorporating the subject area could create an opportunity for additional connectivity per the 2040 Master Street Plan since the north side of Hughmount Road is designated as a planned Residential Link with extension to the east and west, and a planned trail connection runs along the east side of the property, extending south toward the Clabber Creek trail. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the May 9, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner McGetrick seconded. Commissioners offered little comment, finding the request to be appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report �41-31e5 ANX-2022-0001 EXHIBIT'B' A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND RUNNING THENCE S03'05'37"W 528.00', THENCE N87°29'28"W 1319.78" THENCE NO2'33'39"E 534.55', THENCE NO2'40'36"E 519.00', THENCE S87°12'24"E 405.89', THENCE NO2-48'32"E 327.66', THENCE N01°17'12"E 460.21', THENCE S87°07'19"E 499.10', THENCE S02'20'59"W 713.39', THENCE S87°14'20"E 423.00', THENCE 502°22'57"W 592.87' TO THE POINT OF BEGINNING, CONTAINING 41.531 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: May 9, 2022 (Updated with results from PC hearing) SUBJECT: ANX-2022-0001: Annexation (SE OF N. HUGHMOUNT RD./CULLERS, 243): Submitted by WINDELL CULLERS for property located SE OF N. HUGHMOUNT RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 41.65 acres. The request is to annex the property into the City Limits of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX-2022-0001 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward ANX-2022-0001 to City Council with a recommendation of approval." BACKGROUND: The subject property is northwest of Fayetteville approximately half a mile north of the intersection of W. Mount Comfort Road and N. Hughmount Road. The overall property includes five parcels totaling 41.65 acres. Three of the parcels are large lots that are currently developed with single- family dwellings and accessory agricultural structures. The remaining two lots are smaller parcels which are currently undeveloped. The site is relatively flat, sloping gradually downward towards Clabber Creek riparian corridor to the south. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use zoning V Washington County: AG/SF Res 1, Agricultural Single- North Rural Residential family Residential 1 Unit perAcre NC, Neighborhood Conservation; South Single -Family Residential RSF-8. Residential Single -Family, 8 Units per Acre East Single -Family Residential RSF-4. Residential Single -Family 4 Units per Acre Washington County: AG/SF Res 1, Agricultural Single - West Single -Family Residential family Residential (1 Unit per Acre); RSF-8, Residential Single Family, 8 Units per Acre Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation would be for the benefit of themselves and three other property owners. No future development or rezoning is proposed with this request. Public Comment: Staff has received no public comment regarding this request. INFRASTRUCTURE: Streets: The subject property currently has frontage along Hughmount Road to the north and west. Hughmount Road is an approximately 20-foot-wide paved county road. It has open ditches on each side, no curb and gutter, and no sidewalk. Any street improvements required in the area would be determined at the time of development proposal. Water: Public water is available to the subject property. A six-inch water main exists along the property's western and northern Hughmount Road frontage. A water main stub out is also planned in two locations from the adjoining property to the south which is currently under construction for a residential subdivision. Sewer: Sanitary sewer is not currently available to the site. However, a sewer main extension has been permitted as part of the residential subdivision under construction to the south. Once completed, sewer access will be available to a portion of the proposed area to be annexed, mainly parcel 001-16804-000. Other parcels would be responsible for extending sewer at the property owner and/or developers' expense if they wanted to connect into sanitary sewer. Drainage: No portion of the property lies within the Hillside Hilltop Overlay District (HHOD) or a FEMA floodplain, and no protected streams are present in the area. Hydric soils are present in the southeast corner of the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, fioodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property, a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Any additional improvements or requirements for drainage will be determined at time of development. Fire. Station 7, located at 835 N. Rupple Road, protects this site. The property is located approximately 2.9 miles from the fire station with an anticipated drive time of approximately six minutes using existing streets. The anticipated response time would be approximately 8.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on 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. CITY PLAN 2040 INFiLL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 1 and 4 for this site with a weighted score of 4 at the highest level. The following elements of the matrix contribute to the score: Near Water Main (N. Hughmount Road) d Near Sewer Main (South of property, Aiden's Place SD) Near City Park (Lierly Lane Park; Clabber Creek Trail Corridor) • Near Paved Trail (Clabber Creek 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 reduces a peninsula in the City's boundary as the subject property is bordered by the city limits of Fayetteville on three sides. Immediately to the west is the Hughmount Village subdivision which was annexed in 2020. To the east is the Lierly Lane subdivision which was annexed in 2006, and the Clabber Creek subdivision which was annexed in 1998. Aiden's Place subdivision is currently under construction to the south. While there are a few adjacent parcels southwest of Hughmount Road that were not included with this request, the proposed area to be annexed would further establish Hughmount Road as a logical boundary, consistent with previously annexed properties to the east and west. The requested annexation would not create an island in the City's boundary. 12.3.5_b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in northwest Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing no subdivisions. Development is limited to buildings and activity associated with low -density residential and agricultural land uses. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundary follows the property lines of the subject property. To the south, the annexation boundary aligns with existing, incorporated land, closing a peninsula between the Hughmount Village subdivision to the west and the Clabber Creek subdivision to the east. The western and northern extent of the property is bounded by Hughmount Road. The 2040 Master Street Plan shows a future Residential Link connection extending from the northern section of Hughmount Road. Incorporating the subject property could create an opportunity to improve Hughmount Road, and it could provide an opportunity for cross access between the subdivisions to the west and east. Cross access through the property could reduce traffic impacts on the Clabber Creek bridge to the south, which is in need of improvements. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject property is adjacent to City water and sewer but slightly outside of the current acceptable response time 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 property is only developed with three single-family dwellings and accessory structures that are used for agricultural purposes. The existing tree canopy on the site is minimal and no portion of the property lies within a FEMA floodplain, the Hillside -Hilltop Overlay District, or a streamside protection zone. However, hydric soils are present in the southeast corner of the property. Annexing the property would subject any future development to the City's higher standards and criteria for environmentally sensitive areas. Since hydric soils are present, wetland studies would be required at the time of building permit review. 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 8.2 minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minute 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 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Fire protection is currently provided to the site by the Wheeler Fire Department. Although not the primary responder, fire protection is also provided by the City under its automatic response agreements with outlying areas. The overall property currently has access to City water and portions have access to sanitary sewer, but sanitary sewer extensions and upgrades would be required to serve the entire property. 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Since sanitary sewer main extensions have been permitted for the development to the south and the property currently has access to City water, Engineering does not anticipate a need to upgrade utilities. 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 property. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: 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. Yq -37-L- Finding: Not applicable; the extent of the proposed annexation is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. If the property were to be annexed, it would be subject to the City's stormwater ordinances. 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 per UDC §161.01(E). No request to rezone the property has been submitted. 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 have been 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. P ,- gri _-J Finding: Staff finds the request would serve to reduce a peninsula of unincorporated area, further establishing the portion of Hughmount Road which runs east to west as a logical, `squared -off' boundary for the City. 12.3.5.0 Conduct a fiscal impact assessment on large annexations Finding: Given the moderate size of the subject property, a fiscal impact assessment was not conducted for the requested annexation. However, it 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. RECOMMENDATION: Planning staff recommends forwarding ANX-2022-0001 to City Council with a recommendation of approval. PLANNING CaMMl551QN ACTION: ;_ Required , 4': AYES Date: May 9 2022'�t'-j� `''Y• ";.i7.Tabled ", -® FID arrled " ''.{] De::ied a is with a recorin�menda#€onq `.; h ; °1•' L'� w 1 'K fi.. = :- rt �T4 .. + - �'• �i.. a. } • * - -+' view •t Motion -Canada ;,��;��.rr,y ; , �. ,: r,..� •_ , ,�ofapval Vic.%L''�:tY y� �}• ;� , •3 �},;, r ._..�..-.t'�. ���,,{?���y I�� ,�:- - �•�:..5 :y� �" '1►y't,�.' . r a:t•., � � +rr '.+�+. w:,�., - A.` ,"; i„"#e ■'.yt,: x :•i1�� f►tt..�i ..'+'c y�z• •.' �� • . ? r` Ryi . � . . � � ,� Y+ yi • � w Second: McGetrick °� �•`?";'R=.. : * �.w"'`,,y _. Y {• Vote: 9-0-� &``;z'."�'^'r _n..l� ;' :�. "+:,�.;.. ;�?:.,«►- ,' ;: , k BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request Letter • Applicant Exhibit • Order of Annexation • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map �1.• �� • • ' e ti �' � � tie: �. i �' .�•w. r>r' :ice. _ �ti ,r � � � '_ . w+ d ram, � � , w . � �.:- - � 1a=3�r-` ;�'� _ _ ,i;4: • _ 7r• r7 � a a Q m C O, w O• O O• O• 0� N d Q o 0 co ol �. O• O• O O PI N a■®aa M 7 LA O O• O• O, C O O O O O O O r, to ct ,n O r. Co O• tT O• O• O, X 41 Q d+4 4 —S ?E) e 4'C Csr.rc� _ n r _ •� i'Iv�nr.siN �jr ,SQJTH ST .�y T � G u O Y cd L � cd d 4-4 O D O � S3. =� U O cn R. 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V � N W cF; 0.O cII O �-• ran v � Lz O m U ri -0 i. d CO ¢ CAU O " Cd > n > n U A Ldcz. 0 oo �Q.W rn r0C�dC1�WU 0 0 O D U❑ O n. . . . . . 414 I i CtTt' QF-FAYETTEVILLE PLANNING DEFT SUBJECT: AN'NEXAT[ON OF4I ACRES Ti3 THE MY OFFAYEITEVILLE 3!]9nai_2 ! am requesting for the benefit of myself and -three other owners of property located on harlh i-iughraount Rv. acl, .annexation of 4.1,65 a-cres tnthe c.rty of Fayeitevi)le, Ar. The pr-opeM abuts tbE LiPriy surd"svisior efhic4. vaasanrexed irta�he cti-gtim'r�s.of �ayet�esiil� o�t1�e gas{ The-gcwth boundry was annexed into the city in 2020. Them are no islands in the 41.65 acres, and the property abuts Hughmourrt ftd an the west and the rrurtfr. Unfit -as a.re available.an Hugh -mount Etc€; water-:. elects irity., natural. gas: and; sewer is about 2.00 feet fronT, this property arr bath' the -east and the west side. Ties -is Trotan-enviroamentaiiysensitive-area_ lt'isiintinthe flood -plain-andthe-area Will ;nnthie adversely impacted by future developirerst. Public services are currently ser-04 adjacent. suldhdgans Chat abut Ws property on two skles.and rSSxredlyacrias� Hughmuuni Road in HughmDunt Village. N Daddiiiorral services will he required as. nn request for development is being proposed in this annexation. l have'submitted rratori2ed statements -by the: fotlowing owner-sto representthetn-in- thisvequestfar annexation to thecity cifFayettevilk. Tina,Broida Yolanda. Fields James-md Betty Ezell linden and finda-Cull{ rs Y�a�Y t ANNEXATION I,.LIf SYfTY1V 11 . IY I:IIftILYT .o •\RWrWlwr.lgiLl,Y• r •...nww= a1Yrc-: v5r. o.H ITYNsr.yaR VlYwyl -�--�=s.�.-;,:Yw•_, :: yl; - - - EXHIBIT -1 I WS.., u.ullfY rrm 1q� 1 FaTL[TL]ILLL .,[^W N•. TF t,�. 1C]4 IIUVI5Yw 1.7In T- �•] ',.^ t � - ] ]1�}f4 l sT1r s• r l'�a�� 28 f �W' I Y].. 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EE � _ _ � •.•a 4 �� ff 1 l ��V H u ANX-2022-0001 One Mile View Cullers 0 0.13 0.25 0.5 Miles ORTH 1 1 1 1 '^ E ' 1 ' 1 1 1 e � 1 1 I 1 NC E Subject Property 1 ; 1 1 r 1 I E 1 1 i 1 1 RSFA 1 . 1 1 , 1 � e , ' RSF-S 1 � r � r RSF-1 e 1 O 1 1 � , 1 1 1 _ z f �, 01. • WHEELER RD rT FM_ Z...9 MLJC�� rrrr Neighborhood Link -- pESWEM aula.esrurar `Ernucnox r�a.0 wrrERCc L Unclassified-' - ���r r1.x rc, Residential Link • ar-, rnrr..�co ocsrwcra W-1 Planned Residential Link - - - Shared -Use Paved Trail .. r reSIDErriLu suL71sMI4Y — — — Trail (Proposed) Fayetteville City Limits MWTrrUnOftAL Planning Area Ir - -- Planning Area O Fayetteville City Limits _ --+�•-«++�� ANX-2022-0001 Close Up View HUGHMOU BITTERSWEET -DR Z J J �.i MARBLE RIDGE DR z U Z W Ix U. Neighborhood Link Unclassified Residential Link Cullers Subject Property RSF-8 M-M Planned Residential Link Feet �! Planning Area 1— - —I Fayetteville City Limits 0 115 230 460 690 920 - - - Trail (Proposed) 1:3,750 �- - LIERLY LN 11 'r 11 'r 'F iF !I !r rl 11 FI I '-�--BERSEIS-DR ! i !I ! r i! I ' I 1 W it Q U �I W 'r Z =1 W it y 11 li I Ir �I I ' TrMS DR — II rl �I i i RSF4 �r r MAHOGANY -DR r- FW I I i (-NORTH I RSF-t RSF-8 ® Neighborhood Conservation I Ir ;C'r.. LL � �y� i .l'S�•.t� 4 bk + , {Xj +pr'sa. ' � i' � `_�'. wit .�• � :�, ' ~�i'•� R: • - n t ! � _ E Qi fit � ResidentialI Family mily Residential t. • y �� sari *. (, ! ��. i ,i:..f-r�•: .y +t• A� _ � -..'.. All Iz aw ow; low 1� rr- _.� • r. ;It )IM - OWN" 7M ANX-2022-0001 Future Land Use Rural Residential :11 I 1 1 1 r � r t r I I 1 1 1 1 F I 0 F 1 1 i I r� ! - ------ - - - - -- BITTERSWEET -DR I� J J J 4-MARBLE x z RIDGE DR x U V z W IY u_ I LCANYON-RUN-DR .� Neighborhood Link Unclassified Residential Link R-W Planned Residential Link Planning Area 1— - -I Fayetteville City Limits - - - Trail (Proposed) Cullers I ORTH LIERLY LN F THUGHM0 Subject Property �1G1 1I;f11l '0 Z DR-=— ; ,�BERSEIS auiw I Residential Neighborhood Zr na-TITUS m 9L; ' MAHOGANY -DR main SPRING HOUSE -DR - all 11 Igbilm ® City Neighborhood ® Civic Institutional ® Civic and Private Open Space Industrial Feet ® Natural Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood ,f:4'8Q0 III% Rural Residential ® Urban Center NQRTHwEST AuAwms ]Xmocrat A'axette . _ �_. .:.=•. i-_ :_�� ._..,_ ..:s.::--;'i%•ra_ ?j-e���-�1''i :Y'..., :•/,';,,.;;mot: AFFIDAVIT OF PUBLICATION 1, 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 6570 Was inserted in the Regular Edition on: June 12, 2022 Publication Charges; $118.56 Brittanymith Subscribed and sworn to before me This 13 day ofr_ - , 2022. --- ca:�� Notary Public My Commission Expires: 2 -41.4- **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathty Wiles Benton COUNTY NOTARY Pt SLIC-ARKANSAS /iy Commission Expires 02-20-2024 Commission No,12397118 Ordinmtce- 6570 File Number. 2022-0432 ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETTTION ANX 22- 001 SUBMITTED BY W(NDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HLIGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONT'AINfNG APPROXIMATELY 41.53 ACRES WHEREAS. Windell Cullers has properly secured the Washington County iwlge's authorization to annex 41.53 terns located soadicast ofNonh Hrghmount Read and northwest of Ward 4 irdo the City o€Fayetteville_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CrrY OF FAYETTEVILLE, Section I : That the City Council of the City of Fayetteville, Arkansas hereby ctrifrmts the annexation to the city of Fayetteville, Admxmw of about 41.53 acres as deg=+M in Exhibit B end the map shown an Exhibit A, both attached to the Planning Departments a ereda memo. Section 2. Thm the city council of the City of Fayetleviltc, Arkansas hereby umes the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville. Arkansas hereby amm .ft official map and zoning map of the City of Fayetteville to recognize t)tis annexation. Section 4: That the City Council of the City of FMmtwviue Arkntsw hereby azignsthis 4t.53 acres to Ward Fourof the City of Fayetteville. PASSED and APPROVED on 6f712022 Liondd Jordan, Mayor Attest Kara Paxton, City Clerk Treasurer Paid for by City of fayetteville Clerics ofTrtr. $118.56 75564787 lame 12.2022 I PARCEL IftI-t6803-000 (TINARROIDA): =1: A PART OF THE SOUTHEAST ()UARTER OF ITt NORTHWEST OL ARTER OF SEC f10N 31, TOWNSHIP 17 NORTH, RANGE; 30 WEST. WASHI.NGTON COUN'T"Y. AR YUNISAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT -- BEGINNING AT A POINT WHICH IS N87012'24"W 920.00' AND N 02048'32" E 285.00' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACI' AND RUNNING THENCE N871224"W 40>.35', TFIENC E N02040'36"E 234.00;. TkIENCE S8701224"E 405.891, THENCE S02048'32"W 234.00' TO T HE: PG3KF OF BEGINNING. CON"CA.INING'_. 18 ACRES, MORE OR LESS. AND ALSO: #_': A PARTOF THE SOUI-WAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST. WASHINGTON COUNT'T', ARKANSAS. BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO - WIT: BEGINNING AT A POINT WHICH IS N87012'24"W 020.00' FROM THE SOUI11EAST CORNER OF SAID FORTY ACRE TRACT AND RL, NING THENCE N87012'24"W 404.70', THENCE N02040'36"E 234.00', TIIENCE S87°12'24"E 405?4'. THENCE S02°48'32"W 234.00' TO THE. POINT OF BF.,GINNING. 'ON-E:A[NINC'r 2.18 ACRES._ MORE OR LESS. SUBJECT TO AL.I.. EASEMENTS AND RIGEITS-OF-WAY OF RECORD. PARCEL #00I-I6805-000 JAM1v S & BEI-fY HELL REVOCABLE TRUST): A PART OF THE NORTHEAST QUARTER OF THE SOUTfIWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. "f0-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING 'THENCE S03"05'37"W 528.00', THENCE N87029'28"W 1319.78% THENCE NO2-33'39"E 534.55', `ITIENCE S87"I 2'24"E• 1324.70' TO THE POINT OF BEGINNING, CONTAINING 16.13 ACRES, MORE OR LESS. SUBJECT TO ALI_ EASEMFNTS AND RIGHTS-OV-W AY OF RECORD. PARCEL (YOiA?4DA FIELDS) A PART OF THE FRACTIONAL SOUTHEAST QUARTER I:Sf_1141 OF TH-E FF.AC T IONAL NORTHWEST QUARTER (fESti1, V4? OF SECTION THIRTY-ONE (31[, TOWNSHIP SEVENTEEN f 17i NORTH, RANGE TRIRTY(341 ")VEST , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -)NIT: BEG1I KING AT A POINT WHICH 15 423 FEET WEST OF THE NORTHEAST CORNER OF SAID 40 ACRE i RACT AND RUNNING THENCE WEST 237.0 FEET, THENCE SOUTH 724_02 FEET, THENCE EAST 237.0 FEET, THENCE NORTH 724.02' FEET TC THE POINT OF 8EGINNING, CONTAINING 3.94 ACRES, MORE 0R LESS. SUBJECT TO THE PolkTioN IN ColiUrY ROAD RIGHT OF WAY CAN THE NORTH SIDE OF HEREIN DESCRIBED TRACT. AND ANY EASEMENTS uF RcCORCj. p4,87-2- PARCEL #001 A 6.804-000 (WINDELL & LINDA CULLERS); A PART OF THE SOUTHEAST QUARTER OF THE NORTH�VEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHI.NGTON COUNTNr, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIC: BEGINNING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87012'24"W 920.00'. THENCE NO?048'32"E 846.66'. THENCE NO11,1 Tl2"E 469 25', THENCE S87021'54"E 262,02', THENCE S02" I9'52"W 724,01', THENCE S87014'20"E 660.00', THENCE S02°22'57"W 592.87TO THE POINT OF BEGINNTNG, CONTAINING 16.74 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL #DOI-l6803-041 {ININDELL & LINDA CULLERS)-. A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87°12'24"W.920.00' AND N 02048'32" E 234.00' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87012'24"W 405.241 , THENCE N02040'36"E 51.00', THENCE S87012'24"E 405.35% THENCE S02°48'32"W 51.00' TO THE POINT OF BEGINNING, CONTAINING 0.47 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD_ FIN BGa 0a, CERTIFICATE OF SIGN POSTING (attach photo here) (sign lettering must be legible in photo) 1, j�}�;�t-�— ( (print the name of the applicantlrepresentative/person posting sign), attest that the above sign was posted on t a2�2(monthldaylyear) adjacent to (name of street). (signature of person completing the sign posting) City File No.IName: M I CERTIFICATE OF MAILING l hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day off, 20.,._and addressed as follows: Name: rL tom- i�5 Street: Tt) City, State, Zip: Name: Street: City, State, Zip: f Name:a ZhICIO- Street: 0. City, State, Zip: c-, Name: 'kk►-�'Zt' Street. 3 O- Lvc� " s � City, State, Zip: T-A,( 722 Name: IZAL Street: 0, aLO LtmW T �?-b City, State, Zip: Name: ?-� Street: YASab, &2z:�m City, State, Zip: ] o&W - C'L�o -2 (name of person completing the mailing) i � � n) (21' /A (signature of person co feting the mailing) City File No. /Name: CERTIFICATE OF MAILING l hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of - , 20 Z and addressed as follows: Name: 2i t P--ufvIC k�- City, State, Zip: Name: AUc%�- raf-ILIG Street: q 2,5o W -taV, 0(�_I�� �z�� City, State, Zip:_ r �k jZ7,:oq Name:r� Street: t N • l I�a r�p,� oAtcS D7- City, State, Zip: Name: C, q (-a-'i` PiAzx-z- 'aA"' Street: r III i �'-� --6iL City, State, Zip: 7, Name: IWi...r34,-SNNflRaSavv► Street: k A4LI VC - City, State, Zip: -79) Name: /14 5 ti 113 <Ovk I- k u_- Street. U7 7 IL M940G� Avtl 09, City, State, Zip: �--Xw ` 2=-7 �.-t- L-ua z� (name of person completing the mailing) � O �) r) - �tz . (signature of person completing the mailing) City File No. Name: I CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of A - - , 20., addressed as follows: Name: A zi-r�Cz W AS Street: ejlj—10IAA W�G:'A kq City, State, Zip: 22 lc) ! ! Name: L� m i2&- Lpkn) il P c t--2S Street: 21-7 t IJ City, State, Zip: E iL W :7 Z--76) y Name: Street. ^2YZe9 0 Sr1-Z0Eaa4 Av r3— City, State, Zip: r- at, � -y �7T Name: -Two-- ODS Street: 2 t 63 City, State, Zip: Name: -�: ACO'6 Street: 42C'e D�- City, State, Zip: -F2- 7 Gq Name: ZII ,O i r�S C t;� I, �v# L (` �`T, Street: (❑ 5sa IL 441! &tCu= 1?0 City, State, Zip: `77-70 (name of person completing the mailing) Q� (I A.- (s►gnature of person completing the mailing) City File No. /Name: PIj-8?ff CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day offer, 202� and addressed as follows: Name: J� u G i4 , Lo_jc c ,►L\-C-,r4— P�WQ Street: �i7��7 F:����,�� Lam+) Oe— City, State, Zip:� Name: kalmao-A izaa Lw' k- Street: _�2(vim& t4L4-L G City, State, Zip: C�-v ctW j2-IO _-_ Name: TLC A n) Street. 71"Rq 0 no�'&JG µ l u- PJ City, State, Zip: r- ,a 724 Name: 115 [ 1-_Lr iAn]_ "Z� Street., �-7er� ,�. F-�� City, State, Zip:� Name: 1,12IT I+ N\C E L Street. p n t 0 City, State, Zip: r' r i 7 -7--7 V!� _ Name: Pj t Tom.. -a( EQ &!�s i- [ Street:`? T-- t�3ZH l-4cLL City, State, Zip: Tz ) (name of person completing the mailing) Iq4> Qdk"A (signature of person completing the mailing) City File No. /Name: 41. CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day off, 20,-',ZZ and addressed as follows: Name: A-rr 6i-ii - rz7- Street: y �vk City, State, Zip: Name:�,4� Street: V 04- kCi- 't- City, State, Zip: _[, 7 z Name: A7zt4p,�-.-1 �'�Dc�7 Street: q(031-+ 2r1-D�5 i City, State, Zip: _ t-'A n Name:�- Street., f i - ' 4U-T � City, State, Zip: - 27 r2V -- Name: t}S 0 �? Street: k) City, State, Zip: Name: Street:t74 City, State, Zip: (name of person completing the mailing) {signature of person completing the mailing) City File No. /Name: Y 4--q o C) CERTIFICATE OF MAILING I hereby certify that a true and,correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of 4 U1,_, 20 and addressed as follows: Name: r J Street: City, State, Zip: V Name:, Street. `- 0 City, State, Zip: t7jL,l -7 V Name: 6 Street: 2 = T City, State, Zip: Name: Street. City, State, Zip: r' Name: Street. s G� City, State, Zip: :1, j 0 Name: Street: �n�UTC Act' City, State, Zip: L_ eu=�,Lms (name ofperson completing the mailing) (signature of person completing the mailing) City File No. /Name: CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this (°I dayof , 20-2 -and addressed as follows: Name:6c J Street. w JSd Q City, State, Zip: Name: Street: City, State, Zip: 1 Name: rIJ Street: - u City, State, Zip: .. 11 2 t Name: Street., City, State, Zip: _�j7�?� Name: l Street: City, State, Zip: Name: Street: City, State, Zip: {name of per on completing the mailing -U Fj 0 (signature of n completing the mailing) City File No. /Name: CERTIFICATE OF MAILING I hereby certify that a true and -.correct copy of the attached written notice was placed in the U. S. mail, First-class, postage prepaid this _I_q_ day off, 20 2 , and addressed as follows: Name: L Street: - AjrA' City, State, Zip: tea; 7�7 Name: Street City, State, Zip: Name: Street. City, State, Zip. Name: Street: f.712 k , f laeAd jOT q2b City, State, Zip: rl�j 12:�!oV Name: Street: City, State, Zip: Name: Street: City, State, Zip: (name of person completing the mailing -"L"1 4, � �' ) , (signature of person completing the mailing) City File No. /Name: y,Idjp` I I CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of , 20�Z--and addressed as follows: Name: t f��TS Street: k AWW- , L� City, State, Zip: , , 7 -70 Name: Street uVL� k9T- V4P City, State, Zip: 04P Name: ML�-- Street. City, State, Zip: Name: Street: City, State, Zip: Name: Street: City, State, Zip: Name: Street., City, State, Zip: (na a of person completing the mailing) _ I 4 �-) (_Ujj�� (signature of person completing the mailing) City File No. /Name. NORTHWEST ARKAi , Democrat Vonefte sxvvlw� FEENEEMPEPM F• BfY1�0�.=h'rF7TE+,ILLS.hF..:27i:•�7c�-9.17P0 1=A'�: S7B64rI1F8 WW1' NWADG,COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Planning Commission Notice of Meeting Was inserted in the Regular Edition on: April 24, 2022 Publication Charges: $62.32 dd?!!j; Ste. Brittany Smith Subscribed and sworn to before me This day ofar , 2022. Cathy Wiles Benton COUNTY NOTARY PUBLIC—ARKANSAS _ 4,y Commission Expires 02-20-2024 Notary Public Z/ Commission No.12397118 My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. At 5:30 p.m., the following items will be heard at the Monday. May 9, 2022 FayeUcville Planning Commission meeting. Depending on the national, state, and local rt quircmeats, this meeting may be held virtually, with participation information found at httpllwww, fayettevilte- ar_govlcalertdar_aspx?CID=14. orin- person in roam 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701. Please call the Planning Division at (479) 575-8267 or check the City of Fayetteville, AR website for guidance. RZN-2022-00i9: Raonine (Al I N. OLIVE AVEJ PATTON.445): The rcquesr is to rcznrrc the property ro RSF- 6. RESIDCNiiAL SINGLE-rAMILY.8 UNL75 PER ACRE. ANX-2022.000 t: Annexation (S. AND E. of N. HLFGHMOUNT RDJCULL>ERS, 243): The request is to annex properties totaling approximately 39.46 acres iato the Fayetteville City Limit-, 75542908 Apr 24, 2022 P I IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKk$SAS, N IN THE MATTER OF ANNEXING TO r� THE CITY OF FAYETTEVILLE, ARKANSAS -- CERTAIN TERRITORY CONTIGUOUS CC NQF.,20220-1 - cn 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, � + 61;0�f 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. t. Ilk BECKY LEW LEN, c6UNTY CLERK DATED. 3 r �r i� � 76/ 2021 mFAF - 3 Fh 3: 3 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO.2022-2 VERIFICATION BY COUNTY ASSESSOR 1, 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 Petition; and that l 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, �I �t-q�P + 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. .r a t RUSSE L HILL, C" ASSESSOR DATED: 3 I �,4,qc),T ;uj 113 West Mountain Street Fayetteville, AR 72701 (479) $75-8323 Ordinance: 6570 File Number: 2022-0432 ANX 2022-001, ANNEXATION (SOUTHEAST OF N. HUGHMOUNT RD./CULLERS): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 22-001 SUBMITTED BY WINDELL CULLERS FOR PROPERTY LOCATED SOUTHEAST OF NORTH HUGHMOUNT ROAD AND NORTHWEST OF WARD 4 CONTAINING APPROXIMATELY 41.53 ACRES WHEREAS, Windell Cullers has properly secured the Washington County Judge's authorization to annex 41.53 acres located southeast of North Hughmount Road and northwest of Ward 4 into the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 41.53 acres as described in Exhibit'B and the map shown on Exhibit A, both attached to the Planning Department's agenda memo. Section ? : 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. Sectionn 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 41.53 acres to Ward Four of the City of Fayetteville. Page f Pointed art 618/22 Ordinance: 6570 File Number. 2022-0432 PASSED and APPROVED on 6/7/2022 Page 2 Attest: �-y . Ali Y 0. r .� Kara Paxton, City Clerk Treasurer =�FAYFTTEVILLF: YZ AN 5 f`ffGi�N ►+►` 4rrii:ll►N► ,k L ' J 4 a J �II Ij it J' jh 1' Pr&nad an 01&22 ANX-2022-0001 EXHIBIT'B' A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATTHE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND RUNNING THENCE S03`05'37"W 528.00', THENCE N87°29'28"W 1319.78', THENCE NO2-33'39"E 534.55', THENCE NO2`40'36"E 519.00', THENCE S87612'24"E 405.89', THENCE NO2°48'32"E 327.66', THENCE N01°17'12"E 460.21', THENCE S87"07'19"E 499.10', THENCE S02-20'59"W 713.39', THENCE 587"14'20"E 423.00', THENCE S02"22'S7"W 592.87' TO THE POINT OF BEGINNING, CONTAINING 41.531 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. DocuSign Envelope ID: 9FAOFBDF-7597-4D32-B4AF-76452OA7A05C ?C?22IMA.„ -4 AM 8: � , IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO. 2022-2 ORDER CONCERNING ANNEXATION On this 4' day March, 2022, 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: l . 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 delivered to the City of Fayetteville, Arkansas. JOSEPH K. WOOD, COUNTY JUDGE DATED: Mar 4, 2022 j 8:35 AM CST DocuSkgn Envelope ID: 9FAOFBDF-7597-4032-B4AF-76452OA7AO5C lr��MAR -4 AFC 8: IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO.2022-2 ORDER CONCERNING ANNEXATION On this 4* day March, 2022, 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: 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 fords 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. Doc Jsig—d W. Ill—�..o�gc 1, Weed JOSEPH K. WOOD, COUNTY JUDGE DATED: Mar 4, 2022 1 8:35 AM CST I A Department of Transformation and Shared Services Governor Asa Hutchinson Secretary Amy Fecher Director Shelby Johnson February 2, 2022 Mr. Windell Cullers 3922 N Hughmount Rd Fayetteville, AR 72702 RE: City of Fayetteville Annexation Coordination Requirement Mr. Cullers, Thank you for coordinating with our office as you seek to annex property into the City of Fayetteville, AR located in Section 31, Township 17 North, Range 30 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 90th General Assembly. Our office will wait completion of any additional steps necessary for the proposed boundary change, which normally comes from the Arkansas Secretary of State Elections Division after any appropriate filing by your County Clerk. 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\Fayettevl Ile\20220202\Doc\20220202_FayetteviIle—Ann exa tion_Coordination_Letter.docx Arkansas Geographic information Systems 0 501 Woodlane Street, Suite G04 * Little Rock, AR 72201 * 501.682.2767 TRANSFORM.AR.GOV ram{ ? .R 1 Cpp j �a C] i Q� O ( Y �k cpmu A r� � -CO a� 8 �' � � c v ?•SmaQ�m 8 y 7 � o—�' 1 mJ LL $ m amoEmmm aE ilk r•,�.� N E U� �• m Uwlaq •- .. ..1 i srt!sse� m m eaauag lunotugertk _3 F ISOd E m m m C 7 [ umi r O 7 O r� - d c Aij at, j `rI }sajo Mopegg IL j "ep ueipuf -- - i � H i U m b I Q' C rr M011!m uepi° m � m tm ledey0 3 c