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HomeMy WebLinkAbout2024-1112 - Rezoning Appeal-2024-0057: (1777 N. Sunshine Rd./Leavitt, 359) CityClerk From:Wonsower, Donna <dwonsower@fayetteville-ar.gov> Sent:Monday, January 6, 2025 1:58 PM To:Agenda Item Comment Subject:PARCEL NO. 001-11433-000: APPEAL OF PLANNING COMMISSION DENIAL OF ANX-2024 & RZN-2024-0057 As I stated in my email of December 2, 2024, I am opposed to the annexation and rezoning of this parcel no. 001-11433-000, also known as 1777 N. Sunshine Road, Washington County, Arkansas. My comments from December 2, 2024, are restated below. I oppose the annexation and rezoning for the same reason as stated before and reiterated below. 1. The property is outside the city limits of Fayetteville as is all the immediate property on the west side of N. Sunshine Road, and to the north and south of this property. This would be a small area with a possibly large investment by the city of Fayetteville to provide necessary services. 2. The land slopes from the south to the north and from the east to the west thus placing my property, parcel no. 092- 00012-000, 5431 W. Yellow Brick Road, in jeopardy of being damaged by excessive storm water runoff in the form of soil erosion, and possible damage due to sewage overflow depending on the design of this system and its safety measures. City sewer line is located on the east side of N. Sunshine Road and would possibly require a pump station to get sewage from this property into the line. 3. I am also concerned about how close to the property line any construction will be if this request is approved and how my property will be impacted by debris from construction on this property. I use this section of my property as buffer zone and I want to keep it that way. 4. In general I am opposed to the annexation and rezoning of the property as it would be the only property annexed into the city that is on the west side of N. Sunshine Road from Wedington Drive to the north. In addition, I take exception to some of the arguments presented by the representing law firm in their letter to the Planning Division dated October 29, 2024. Some of these arguments for annexation and rezoning are either incorrect or a gross representation of the facts. My arguments are given below. 1."Annexation of the property would not create an island, and it would not create a peninsula. Rather, it would be a step towards in annexing the West side of Sunshine Road, granted that the East side is mostly annexed already." This statement is incorrect. The annexing of this property would create an island or a peninsula because it is located between properties on the North, South, and West that are not within the city limits of Fayetteville and that will probably never be annexed under the city guidelines of these properties providing a connection to the city's sanitary sewer since these properties would be required to pay for this connection. 2. "The Property is contiguous to the city limits of Fayetteville." This is true for only the east side of the property that borders with N. Sunshine Road. 3. "The annexation would not exclude any portion of an existing development or neighborhood." I believe that the word 'exclude' was used incorrectly in this sentence and the word 'include' should have been used. If this is correct then the statement would be correct. 1 4. "The annexation would work towards annexing the remainder of Sunshine Road, the East side of which has mostly already been annexed. In other words, this annexation would work to square off, rather than to complicate, the city limits of Fayetteville." This statement I believe is totally wrong. All of the properties on the West side of N. Sunshine Road beginning with 1293 N Sunshine Road to the property in question located at 1777 N. Sunshine Road are all outside of the city limits and could not be provided with city services without great expense to the city of Fayetteville. Most if not all of these properties are single family homes built outside the city limits for a reason, so I believe that annexation by the city would be hard to accomplish and thus leave this one property at 1777 N. Sunshine Road as an ISLAND or PENINSULA if annexed. There is a small strip of property, 90 foot frontage x 50 feet wide, that is between 1587 and 1637 N. Sunshine Road that is annexed into the city that serves access to the New Heights Church property. 5. "Public services would be able to serve the Property at a level of service which is the same or better than the level at which Fairfield subdivision is already being served." This can only happen if the developers of this land can install a sanitary sewer that can tie into the existing city system in the manner as described in the Planning Commission meeting notes of December 9, 2024. 6. "The property has ample access to the Fayetteville utilities, as there is an existing eight inch (8") water line, and a thirty inch (30") sewer line accessible at Sunshine Road. Accordingly, annexation of the Property should not require upgrading of utilities in order to serve a new development of this size." As stated in the Planning Commission notes of December 9, 2024, the developed property COULD NOT connect to the 30" or 24" line located on the East side of Sunshine Road, but would need to connect to one of two 8" sewer lines located either along W. New Bridge Road or N. Fallbrook Way. This line and connection should be provided by the developer and not the city as stated. In addition I highly doubt that the developer can provide a gravity sewer to either of these connections. These requirements should not be changed to satisfy this developer! In addition to the above comments, I still have a major concern about how the stormwater water runoff from concrete driveways, roofs, and any other non-grass areas will be handled to mitigate any soil erosion. This property mostly slopes to the West and this is toward my property and there is no direct access to any drainage ditch. This stormwater would flow across my property and cause soil erosion as it could not be made to flow toward Sunshine. I hope that the Planning Commission will consider my comments as a property owner in this area since 2018. Thank-you. Regards, Steven C Brantingham 479-200-3063 Cell 2