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HomeMy WebLinkAboutOrdinance 4186 FILED FILED FOR RECORD 99 NOU 3 PIS 3 06 99 A'UU MARILYN EDWARDS 3 F� 2 55 CO. & PROBATE CLERK WASHINGTON CO AR WASHINGTON CO. ARK , K. NAF; r(ESS ORDINANCE NO. 4186 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF APPROXIMATELY 34.72 ACRES OWNED BY VALARIE M. ZAMBERLETTI AS REQUESTED IN RZA99-2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : ,Section 1 . That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of the following described property: See Exhibit "A" attached hereto and made a part hereof. Section 2. That the above-described property is hereby assigned to ward No. 3 PASSED AND APPROVED this 21 ' day of September , 1999. APPROVED: By: red Hanna, Mayor ATTEST: By: ;;;rx� , lc�oL1 _.�•-'''����� Heather Woodruff, City Cle jf : r \, U ♦ i.44 CN \ \� , 99099447 Ord . 4186 EXHIBIT "A" A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NEI/4) of Section 19, Township Seventeen (17) North, Range Twenty-nine (29) West in Washington County, Arkansas, and being more particularly described as follows, to wit: From the Southeast comer of said 40 Acre Tract, being the POINT OF BEGINNING, run thence S89 °57'48"W along the 40 acre tract line for 195.00 feet; thence leaving said 40 acre tract line N0004'09"W - 350 feet; thence S89 °57148"W - 250 feet; thence NO ° 04'09"W - 75 feet; thence S89055'09"W - 262.72 feet to an existing iron pin; thence S89 ° 55'09"W - 45 feet; thence S0005'58"W - 425 .63 feet to a point on the 40 Acre Line; thence along said 40 Acre Line run S89057'48"W - 561 .71 feet to the Southwest comer of said 40 Acre Tract; thence NO°22'59"W - 1317.25 feet (Deed Distance - 1287.86 feet) to an existing iron pin at the Northwest (NW) corner of said 40 Acre Tract; thence S89 °42'42"E - 1321 .43 feet to an existing iron pin at the Northeast comer of said 40 Acre Tract; thence SO °04'09"E - 1309.72 feet to the POINT OF BEGINNING and containing 34.72 acres, more or less, subject to County Road Right-of-way along the South line thereof, and subject to other easements and rights-of-way, if any. 99099448 c �i�kt�tNfsan Num s, CAU11 olb(N and ex off,6 f� �V�hdlof bt we9Nlnyldn sgyn{� AHr§H4as, Na I dta ofFfcfl as jnd atlh heraont Was head toy rotnjd in my fROrM with In a ' no and thQ samo I9 nova 6vty NerGN WIn '*Qra gg0N Ond Paha 4 Ind!.jgd thereon. handN ���D WNERE jF I pave he eat my sated hereon, th6 A§df Gf dalg COUrt Gn the date indl- K-.higen 14 m¢17 'lei u surd 4-nN741a R o � � . 41s6 STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 21 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZA99-2 submitted by Michele Harrington , attorney on behalf of Valerie M . Zamberletti for property on County Road 92 ( Zion Road . ) The property is in the planning growth area and contains approximately 34 . 72 acres . The request is to annex the subject property into the City of Fayetteville . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : A nt ' anager Dael ADA Coordinator Date ite Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the request with a unanimous vote of 9-0 - 0 . �3�-9aJ Cross Reference sion H d Date L4 4 ar t Mirpttor to New Item : Yes No A iLpfitrat ve Services Da, a Prev Ord/Res# : Di M or Date Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575.8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Brent Vinson, Associate Planner DATE: August 23, 1999 RZA 99-2.00: Annexation (Zamberletti, pp 100) was submitted by Michele Harrington, attorney on behalf of Valerie M: Zamberletti for property on County Road 92 (Zion Road). The property is in the planning growth area and contains approximately 34.72 acres. The request is to annex the subject property into the City of Fayetteville. RECOMMENDED MOTION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: August 23, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: Planning Commission Meeting August 13, 1999 RZA 99-2 Zamberletti Page 15. 1 BACKGROUND : The applicant requests the annexation of approximately 35 acres along Zion Road east of Crossover (Hwy. 265 .) The property adjoins and is east of the future Stonewood Subdivision which was rezoned to R- 1 in May 1999. A preliminary plat was approved by the Planning Commission on June 28, 1999 with 119 lots (see attached minutes.) Approximately 1 ,288 feet of the property adjoins the Fayetteville City Limits. There is approximately 195 feet of frontage along Zion Road. The Order of Annexation was signed by the Washington County Judge on August 17, 1999. The applicant has requested to have the property rezoned to R- 1 to develop single family residences. ADJACENT LAND USE AND ZONING: North: Single family residences and undeveloped property exist outside the city limits. South : Single family residences and undeveloped property exist outside the city limits. East: Single family residences and undeveloped property exist outside the city limits. West: Undeveloped property zoned R- 1 exists with plans to build single family residences in the near future. INFRASTRUCTURE: Streets: Zion Road is a Residential street with 40' of ROW (20' from centerline), Crossover (Hwy. 265) which is approximately 1400 feet west is a Principal Arterial with 110' of ROW (55' from centerline), and Butterfield Coach which is approximately 1400' east of the property is a Collector with 70' of ROW (35' from centerline.) Water: There is a 6" waterline existing from Zion running into the property and a 12" waterline along the south side of Zion. Sewer: The nearest sewer line is an 8 " sewer line at Zion (west of Hwy. 265.) LAND USE PLAN: The General Plan 2020 shows this area as Residential. Planning Commission Meeting August 23, 1999 RZA 99-2 Zomberletti Page 15.2 RZA99 - 2 . 00 - Zamberletti - One Mile Diameter 1 ALBRIGHT Al =pLLgg2 a Lake ffi Fayetteville U A-1 A-1 L., ZION O Z RANDAL R-/ R-0 R-2 R-0 G7 ZION A 1 2 A-1 Gt VALERIE R-0 A-1 A•1 R-2 GULLEY �yG R-1 A-1 1400 0 1400 Feet N E Planning Commission Meeting August 23, 1999 RZ 99-2.00 Zamberlertii S Page 15.22 RZA99 - 2 . 00 - Zamberletti - Close Up A-1 0 6 D R- RZA99-2. 00 Zamberletti 34 .72 Acres ci-2 d , o �o �7 C o CP R71 id E U O o A-1 d �� ❑ oe Q � 0 D N 400 0 400 Feet E Planning Commission Meeting August 23, 1999 RZ 99-2.00 Zamberlettii S Page 15.21 Minutes of Planning Commission Meeting August 23, 1999 Page 32 RZA99-2 : ANNEXATION ZAMBERLETTI, PPI00 This item was submitted by Michele Harrington, attorney on behalf of Valerie M. Zamberletti for property located on County Road 92 (Zion Road.) The property is in the planning growth area and contains approximately 34.72 acres. The request is to annex the subject property into the City of Fayetteville. - Micki Harrington was present on behalf of the request. Staff recommended approval of the requested annexation based on the findings included in the staff report. Commission Discussion Johnson: On page 15 . 1 , is this correctly numbered? RZA, is that for annexation? Conklin: Yes, that is correct. Johnson: I believe that this property along one entire line does adjoin the city all along the west. It adjoins which subdivision? Conklin: That's Stonewood Subdivision to the west. Johnson: Does it adjoin the city on the south? Conklin: It only joins the city limits on the west side. Johnson: Would you explain the staffs rationale for recommending this annexation to the city? Conklin: This is approximately a 35 acre annexation. It does have approximately 190 feet of frontage along Zion Road. The county judge did approve the Order of Annexation on August 17, 1999. We also included in your packet on page 15 .20, a new map showing Stonewood Subdivision in the preliminary plat that was approved. It does provide access through 2 streets to this property. Stonewood Subdivision currently is under development and would allow for future connections into this 35 acres. Staff has recommended approval and annexing this property in the City of Fayetteville would require them to comply with our subdivision regulations which provides for fire protection, street lights, park land dedication, water and sewer. Minutes of Planning Commission Meeting August 23, 1999 Page 33 Johnson: I have a question about the drawing on page 15 . 19. The area that is not a part of this acreage along Zion Road, what are those buildings in essence to help me get oriented? Conklin: Those are single family homes on large lots. Harrington: Good evening. I don't really have anything else to add. The property across from this is owned by Youth Bridge, I believe. There are residential houses on the corner there but it is a residential use even though it is a Youth Bridge owned property on the corner where Zion turns to the east. Everything else there is single family. We hope that you will support the request for annexation. Public Comment Mark Foster, the developer of Stonewood Subdivision, was present to address the commission. Foster: I 'm not for this. Johnson: Now you realize this is an annexation. Foster: Yes. I don't think there's a need to annex more. If they annex it they are going to develop it. I think that would create too many lots in one spot. Johnson: At this point, we are limiting the discussion to the annexation of the 34 acres into the City. You need to give us insight into that. Do you have the subdivision to the west? Foster: I just brought it through the approval process last month. MOTION Marr: I would like to recommend approval of RZA99-2. Hoffman: Second. Johnson: We have the motion by Commissioner Marr and the second by Commissioner Hoffman to approve annexation RZA99-2. Is there discussion of the motion to annex? Roll Call Upon roll call, the motion passed with a unanimous vote of 9-0-0. Johnson: The recommendation to Council is approved with a vote of 9 to 0. FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 12, 1999 Attached is a copy of the ordinance confirming the annexation of property as requested in RZA 99-2 for your records. The original will be recorded at the County, then microfilmed and filed with the City Clerk. CC. Scott Caldwell, Data Processing Ed Connell, Engineering Tony Webb, Planning Clyde Randall, Engineering IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXATION C TY OF FAYETTTEVILLE, AITO THE ARKANSAS RECE� VEp Case No. CC 99-7 OCT 2 9 1999 PETITION FOR CON FIRMAfAWOR FXATION � KSO Comes now, Valerie M. Zamberletti, Petitioner, and for her Petition for Confirmation of Annexation states as follows: 1 . There was entered in this cause an Amended Order which annexed real estate described on Exhibit "A" hereof, to the City of Fayetteville, Arkansas: 2 . Said Amended Order was duly filed in the County Records of Washington County, Arkansas on August 17, 1999. 3 . No objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioner, nor have any exceptions to the said Amended Order been filed with the County Clerk of Washington County, Arkansas. ' 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas. 5. The City of Fayetteville, Arkansas, accepted the territory, pursuant to Ordinance No. 4186, an Ordinance Accepting and Annexing Certain Territory to the City of Fayetteville, Arkansas, said Ordinance being passed and approved on the 21 " day of September, 1999, a true and correct copy of said Ordinance is attached hereto as Exhibit "B" and incorporated herein by reference. WHEREFORE, the Petitioner prays that the annexation be confirmed, and that this Court find that the Petition and all proceedings thereunder are in compliance with the statutes and that the action �A itl , • � . .�; /J. �i Ou . . . , . � Page 1