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