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HomeMy WebLinkAboutOrdinance 4309 WLED FOR RECORD FILED ' 01 N 8 PIS 2 45 ' 01 MY 8 PM 2 55 WASHINGTON CO AR NARILYN EDIT/ARDS B. STAMPS CO. & PROBATE CLERK 4YASHINGTON CO . ARK . ORDINANCE NO. 4309 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION RZA01 . 1 .00 FOR A PARCEL CONTAINING APPROXIMATELY 40 ACRES LOCATED EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16 AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF OF TMC & ASSOCIATES 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. 4. Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural. Pe*ED AND APPROVED this 1s` day of May, 2001 . r 5 �,vx'ie APPROVED : do By: Dan Coody, Mayor ATTE By: H*ea Heather Woodruff, City Clerk 2001 051 536 ord . 4309 Ex Lti • • De EXHIBIT A EXHIBIT "A" LEGAL DESCRIPTION FOR RZA 01 - 1 THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (31 ) WEST, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00011 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00012'58"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S89050'24"E 1323 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY. m x D 2001051537 I, Bette Stamps, Circuit Clerk and Ex-o5!clo Recorder for Washington County, Arkansas, do hareby certify that this instrument was filed for record in my offics as indicated hereon and the same is now duly recorded with the acknowledgement and oertAGate thsreon in Record Book and Pago as inaice!ad thereon. IN WITNESS WHEREOF, I have heraunto set my ti hand and affixed the seal of said Court on the dote Indi- cated hereon. Retry Stzmp� Cirait e ' d Fx-0ffcio Recorder by NAME OF FILE: Ordinance No. 4309 CROSS REFERENCE: 05/01/01 Ordinance No. 4309 Exhibit `A" (Legal Description for RZA 01 - 1 .00) 03/02/01 Planning Division Correspondence 03/26/01 Planning Commission Minutes (Pages 58-60) 05/10/01 Letter to Michele A. Harrington from Heather Woodruff 04/17/01 Staff Review Form 05/04/01 Departmental Correspondence to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk 05/ 10/01 Proof of Publication 05/15/01 Letter from Marilyn Edwards, Washington County & Probate Clerk, from the State of Arkansas, Secretary of State, stating that this ordinance has been recorded and filed in the Office of the Secretary of State. Petition for Confirmation of Annexation; County Court of Washington County, Arkansas, Case No. CC 2001 -6; Bob Covey and Tammy Covey NOTES : NAR-05-01 NON, 15 : 16 HARP ' NFON & ASSOC. PA FAX NO. 7513715 P. 02 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVII I X. ARKANSAS Case No. CC 200" AFFIDAVIT STATE OF TEXAS ) ) ss- COUNTY OF HARRIS ) We, G.S. Calvert and Letha Calvert, uncles oath hereby state that we have actual notice of the proccodings fur annexation of the following larxl, which is in Washington County, Arkansas, into tho City of Payetteviile, which is described as follows: THE SOUTHEAST QUARTER (SEIX) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION TWO (2), TOWNSUIP SIXTEEN (16) NORTH, RANGE ni-IRTY-0NE (31) WEST, ALSO BFTNG DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER. OF SAID 40 ACRE TRACT; THENCE S00'I1107"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT TFIE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE 389'58'09"W 1322.57 FEET TO A SET RAILROAD SPIYE AT THE SOLM-rWEST CORNER OF SAID 40 ACRE TRACT; TBENCE NOW12758"W 1319.20 FEET TO THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S89050'24"E 1323.30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 40.00 ACRE TRACT' BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHRR EASEMENTS OF RECORD, IF ANY. We certify under penalty of perjury that we are the legal owners of record of the above-described property, which is under a Contract for We and Purchase with Bob and Tammy Covey, and we have no objection to the annexation of said property into the City of Fayetteville. Further affiants sayeth not. Calvert ,I),*% GAIL GETSCHMAN I„et�y rt 8+ Noun Public. Sate of Tc= .f Ary ( ommn<ion F:<pircn to before me, alNotary Public, tbis.#) �day of A ' f� 2001 . My Comm �" Commission Expires: `� -"'J " - N �- li -aoo � Exhibit " B " ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION RZA01 - 1 .00 FOR A PARCEL CONTAINING APPROXIMATELY 40 ACRES LOCATED EAST OF SUNSHINE ROAD AND NORTH OF HIGHWAY 16 AS SUBMITTED BY MICHELE A. HARRINGTON ON BEHALF OF TMC & ASSOCIATES 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. Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural. PASSED AND APPROVED this day of 2001 . APPROVED: By : Dan Coody, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR RZA 01 - 1 THE SOUTHEAST QUARTER (SE]/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (3 1 ) WEST, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S0091 '07"E 1314.80 FEET TO AN ALUMINUM MONUMENT AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S89°58'09"W 1322.57 FEET TO A SET RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N00° 12'58"W 1319.20 FEET TO THE NORTH WEST CORNER OF SAID 40 ACRE TRACT; THENCE S89°50'24"E 1323 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 40.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS . THE ABOVE DESCRIBED 40.00 ACRE TRACT BEING SUBJECT TO A FIFTEEN (15) FOOT WIDE SEWER LINE EASEMENT, A FIFTY (50) FOOT WIDE ELECTRIC EASEMENT ALONG THE EAST BOUNDARY, AND ANY OTHER EASEMENTS OF RECORD, IF ANY. P FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-5264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P. , City Planner DATE: March 21 , 2001 RZA 01-1 .00: Annexation (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex into the city. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: March 26, 2001 CITY COUNCIL ACTION: Required YES 0 Approved O Denied Date: Comments: H:1 USERSICO"WONIDAWN9IREPORTSIpC13-26-0/l anc_ma. wpd BACKGROUND: The subject property is located just west of the future phases of Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from WC 882, less Anderson Road. Eventually access will be available through Bridgeport by way of the Master Street Plan collector New Bridge Drive. The site is north and west of the Fieldstone Subdivision, however, access to that development is not available from this location. The 40 acre tract is surrounded on three sides (north, south and west) by county property and on the east by undeveloped R- 1 property. The area is well within the City's Planning Area boundary, it is situated at the far western edge of Fayetteville. This property is currently claimed by the Farmington School District. Should this property be successfully annexed into the City of Fayetteville, the applicant wishes to develop a single family residential subdivision under R-1 zoning. Annexation of this tract would provide for an orderly development which would comply with all City ordinances, specifically those regarding, tree preservation, access, grading, drainage, storm water, park land, sidewalks, land use and others. The property would make better use of infrastructure as well as natural resources as an addition to the City of Fayetteville than it would if left to develop under county standards with no oversight regarding land use. It is not in the City' s best interest to encourage unregulated development with potentially hundreds of septic systems adjacent to the City limits and within the Planning Area which is designated as the area into which the City expects to grow in the future. It is for these reasons that staff recommends approval of the requested annexation. SURROUNDING LAND USE AND ZONING North: County property, Residential, Agricultural South: County property, Residential, Agricultural East: Vacant (future phases of Bridgeport Subdivision), R-1 West: County property, Residential, Agricultural STAFF COMMENTS: In an effort to include all City division or departments which may be affected by this proposed annexation, a "Level of Service" report was generated and each Public Works Division Head as well as the Administrative Services Director, Asst. Public Works Director, Chief of Police and Interim Fire Chief were asked to respond. The responses which were received are included as a part of this report. LAND USE PLAN: General Plan 2020 designates this site Residential . H:I USERS;COAZNOMDA4VNT 1 REPOR7NIPC I3-26-O11(mc_ra.wpd g .___ . . —. _ _ A I Dawn Warrick = Rezoning Report From: "OMI/Fayetteville (FAY)" <omifay@omiinc.com> To: <dwarrick@ci.fayetteville.ar. us> Date: 3/20/01 4:35PM Subject: Rezoning Report Dawn, Re: RZA 01 -1 .00 & RZ 01 -6.00 Current level of service: The wastewater treatment plant (WWTP/OMI) operates and maintains sewer lift station # 7 (a.k.a Hamstring Creek) at 2034 North County Road # 877, which will receive wastewater discharged from the areas in question for these two proposed rezoning actions. This lift station is at approximately 60% capacity during dry weather flow, but does experience overflow conditions during significant rainfall events. Impact of proposed annexation: Under the proposed low-density residential zoning, the additional loading to this station would be negligible during dry weather conditions, but would become a small percentage of the overall wastewater that overflows at this location during significant rainfall events. The City's ongoing plan to deal with sewer overflow problems, however, should be more than capable of dealing with this additional loading as the proposed sewer improvements are put in place over the next 3-5 years. We hope that this response is sufficent for your needs. Have a nice day! Billy Ammons WWTP/OMI 1500 North Fox Hunter Road Fayetteville, AR 72701 501 .443.3292 email - omifay@ch2m.com Annexation / Rezoning Level of Service Report Division : Fngineering Date: '3/19/01 Name / Title' gnu Petrie! Staff Engineer Project: RZA 01-1.00: Annexation (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex into the city. RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is zoned A- 1 , Agricultural and contains approximately 40 acres. The request is to rezone to R- 1 , Low Density Residential. Please provide comments regarding the impact of the proposed annexation and rezoning which will be forwarded to the Planning Commission and City Council for their consideration when reviewing these requests. Responses and additional information may be continued on the back of this report or on additional pages as necessary. 1 . Current level and/or type of service provided (describe) : The Engineering Division will review the proposed development for compliance with Water & Sewer Standards, Minimum Street Standards, Grading requirements, and the Drainage Criteria Manual. 2. Statement regarding the impact of the proposed annexation on the level and/or type of service provided by your division: This project will have little effect on the Engineering Review level of service. The developer's of this property should be aware that water will not available until the final phase of Bridgeport Subdivision (Phase VI) is completed. Also, there will be a $200.00 per lot assessment for sewer improvements in the Hamstring Creek Basin. The Assistant Public Works Director, Don Bunn, should address the sewer plant capacity. C.'WyFilesl miscWSReport.ivpd Annexation / Rezoning Level of Service Report =tJSPK'r-ia� x- zO — I Division : Date: Name / Title: Project: RZA 01-1 .00: Annexation (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is in the City Planning Area and contains approximately 40 acres. The request is to annex into the city. RZ 01-6.00: Rezoning (TMC & Associates, pp 359) was submitted by Michele A. Harrington on behalf of TMC & Associates for property located east of Sunshine Road and north of Highway 16. The property is zoned A-1 , Agricultural and contains approximately 40 acres. The request is to rezone to R-1 , Low Density Residential. Please provide comments regarding the impact of the proposed annexation and rezoning which will be forwarded to the Planning Commission and City Council for their consideration when reviewing these requests . Responses and additional information may be continued on the back of this report or on additional pages as necessary. 1 . Current level and/or type of service provided (describe): tJ O f.i E 2. Statement regarding the impact of the proposed annexation on the level and/or type of serv/)/ ce provided by your division: i-I0A) At. I� � Ui Er^TC GL � A. A1 UP LC. "f C_2�455 \ >J Eta S� T A S H A a 1) I A/U / ele- r4Q 4Y t/ rJt is ENS_ \/ EH1GtE5 pE2ar1T5 T � 5(�C—�T1n �1 LyA-O of 'DerVELOPIO H:1 USERSCOMMOMFORATOsemc4e_mportwpd