HomeMy WebLinkAboutOrdinance 4346 �: ; LE 01? r? ECo - - 001 NOU 20 PIq 3 37 B• STAMPS ORDINANCE NO. 4346 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 01-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 8.47 ACRES LOCATED AT 4840 CONSTITUTION DRIVE AS SUBMITTED BY ANDY FEINSTEIN ON BEHALF OF DON HENDRICKS AND ERIC HARPER 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 All , Agricultural. PASSED AND APPROVED this 6`h day of November, 2001 . 4, 0 ito �A %,. APPROVED: U • ,,• • � io l By: 4V4 DAN COODY, blayor y6j6M ctiv ATTEST : By: Bather Woodruff, City Clerk 2001149124 • ORDINANCE ;4346 Exi A EXHIBIT "A" LEGAL DESCRIPTION FOR ANX 01 -3.00 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ALL IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, DESCRIBED AS BEGINNING AT A POINT SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 611 .48 FEET FROM THE NORTH COMMON CORNER OF SAID 40 ACRE TRACT, SAID POINT OF BEGINNING BEING THE INTERSECTION OF THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 330.38 FEET, NORTH 84 DEGREES 10 MINUTES 44 SECONDS EAST 90.98 FEET; THENCE DEPARTING SAID CENTER LINE AND RUNNING SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 720.35 FEET TO THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 ; THENCE NORTH 88DEGREES 56 MINUTES 49 SECONDS WEST 420.75 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST 547. 14 FEET TO THE CENTERLINE OF HAME STRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING BEARINGS AND DISTANCES: NORTH 87 DEGREES 13 MINUTES 40 SECONDS WEST 124.90 FEET, NORTH 53 DEGREES 45 MINUTES 14 SECONDS WEST 153. 74 FEET, SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST 172.96 FEET TO A FENCE; THENCE LEAVING THE CENTERLINE OF SAID CREEK AND RUNNING NORTH 11 DEGREES 09 MINUTES 09 SECONDS WEST 100.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD NORTH 78 DEGREES 40 MINUTES 20 SECONDS EAST 176.00 FEET; THENCE ALONG SAID CENTERLINE OF THE COUNTY ROAD SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 260.72 FEET TO THE POINT OF BEGINNING, CONTAINING 8.02 ACRES, MORE OR LESS. SUBJECT TO THAT PART ALONG THE NORTH SIDE EMBARCED IN THE RIGHT OF WAY OF THE COUNTY ROAD. LESS AND EXCEPT 30 FEET OFF THE NORTH SIDE OF THE COUNTY ROAD. 2001 1491 25 h Bette Stamps, Circuit Clerk end Ex-officio Recorder that this instrume far Washington County, Arkansas, do hereby tartly, nt was filed for record in my office as indicated hereon with and the same is now duly recorded in the and and certificate thereon Record Book and page as indicated thereon, IN WITNESS affixed WHEREOFI have hereunto set my cated hereon, hand and the seal of sai ,d Court on the date indi- Betty St ps Circuit k EX-Officio Recorder by y. NAME OF FILE: Ordinance No. 4346 CROSS REFERENCE: 11 /06/01 Ordinance No. 4346 Exhibit "A" (legal description for ANX O1 -3 .00) 10/18/01 Planning Division Correspondence to Mayor Coody & Fay. City Council, from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director 10/08/01 Planning Commission Minutes (Page 12) and Planning Division Corresp. 06/05/01 Copy of Resolution No. 77-01 06/ 18/01 Copy of Memo from City Clerk 05/ 16/01 Copy of Memo to Fay. City Council from Donald Bunn, Asst. PW Director, thru Mayor Coody 05/21 /01 Letter to Mayor Coody from Don & Donna Hendricks 08/27/01 Decree of Annexation/County Court Case No. 2001 - 18 10/05/01 Annexation Report from Street Division 10/03/01 Annexation Report from Inspections Division 12/ 12/01 Record filed in Secretary of State' s office, Co. Order No. 2001 - 18 11 /06/01 Staff Review Form 11/16/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : s 1 (0 04 rMa IVsn w 1 ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 01-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 8.47 ACRES LOCATED AT 4840 CONSTITUTION DRIVE AS SUBMITTED BY ANDY FEINSTEIN ON BEHALF OF DON HENDRICKS AND ERIC HARPER. 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. PASSED AND APPROVED this day of November, 2001 . APPROVED: By: W4 eoa4 DAN CO DY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR ANX O1-3.00 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONI ALL IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, DESCRIBED AS BEGINNING AT A POINT SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 611 .48 FEET FROM THE NORTH COMMON CORNER OF SAID 40 ACRE TRACT, SAID POINT OF BEGINNING BEING THE INTERSECTION OF THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 330.38 FEET, NORTH 84 DEGREES 10 MINUTES 44 SECONDS EAST 90.98 FEET; THENCE DEPARTING SAID CENTER LINE AND RUNNING SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 720.35 FEET TO THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 ; THENCE NORTH 88DEGREES 56 MINUTES 49 SECONDS WEST 420.75 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST 547. 14 FEET TO THE CENTERLINE OF HAME STRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING BEARINGS AND DISTANCES: NORTH 87 DEGREES 13 MINUTES 40 SECONDS WEST 124.90 FEET, NORTH 53 DEGREES 45 MINUTES 14 SECONDS WEST 153. 74 FEET, SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST 172.96 FEET TO A FENCE; THENCE LEAVING THE CENTERLINE OF SAID CREEK AND RUNNING NORTH 11 DEGREES 09 MINUTES 09 SECONDS WEST 100.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD NORTH 78 DEGREES 40 MINUTES 20 SECONDS EAST 176.00 FEET; :THENCE ALONG SAID CENTERLINE OF THE COUNTY ROAD SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 260. 72 FEET TO THE POINT OF BEGINNING, CONTAINING 8.02 ACRES, MORE OR LESS. SUBJECT TO THAT PART ALONG THE NORTH SIDE EMBARCED IN THE RIGHT OF WAY OF THE COUNTY ROAD, LESS AND EXCEPT 30 FEET OFF THE NORTH SIDE OF THE COUNTY ROAD. r FAYETTEVILLE t THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Sl. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: October 18, 2001 BACKGROUND ANX 01 -3 .00: Annexation was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. The subject property adjoins the Bridgeport Subdivision to the south and the Fairfield Subdivision to the west. These recent subdivision developments have surrounded this property. As the Bridgeport subdivision was designed, the developer approached these property owners with a contract to allow for easements to cross the subject property to provide access to utilities and drainage for the proposed subdivision. As a part of that agreement, the developer of Bridgeport promised connections to water and sewer for the subject property. The City was not a party to this contract and only became aware of the conditions of the agreement after it had been put into place and the applicant requested sewer taps. The applicant is not requesting a rezoning with this annexation. The property, if annexed, will maintain an A- 1 , Agricultural designation. Maximum density on this property if zoned A- 1 would be 4 units. CURRENTSTATUS Staff recommended approval and the Planning Commission voted 8-0-0 to recommend approval to the City Council. RECOMMENDATION Staff recommends approval of the requested annexation. Planning Commission • October 8, 2001 Page 12 ANX 01-3.00: Annexation (Hendricks/Harper, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. Estes: The next item of business is an annexation request submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. Staff recommends approval of the requested annexation based on the findings included as a part of this report. Is the applicant present? Andy, do you have a presentation you would like to make? Feinstein: No, it isjust my pleasure to present this annexation to the Commission and I am here to answer any questions you might have. Estes: Commissioners are there any questions of Andy at this time? Mr. Conklin? Conklin: I would just like to thank the developer of Bridgeport for working with Mr. Hendricks to • file the paperwork and bring this forward and get Mr. Hendricks annexed into the city, thank you. Estes: Is there any member of the public, any member of the audience who would like to comment on this requested annexation? Seeing none, I'll bring it back to the Commission for discussion, motions or comments. MOTION: Bunch: I move that we recommend ANX 01 -3 .00 to the City Council. Estes: We have a motion by Commissioner Bunch to approve the ANX request, is there a second? Marr: Second. Estes: We have a second by Commissioner Marr. Is there any discussion? We have a motion by Commissioner Bunch to approve ANX 01 -3.00 and a second by Commissioner Marr. Would you call the roll Renee? ROLL CALL: Upon the completion of roll call the motion to forward ANX 01 -3 .00 to the City • Council was approved by a vote of 8-0-0. ' Estes: The motion passes unanimously and the annexation request will be forwarded to the City Council for final disposition and determination. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 8, 2001 ANX 01-3.00: Annexation (Hendricks/Harper, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and. Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNINGCOMIVIISSION•ACTION Required PES O:Approved : O Denied Date ©ctober 8, 2001 CITY;COUNC L ACTION: . Required ,' YES . O Approved: J O Denied. Date; ;Novembe[ 6A20Q1x(--1'";reading) Comments: N:I USERSICOMMOMDAWN7IREPOR7SIPCI10-8-O11HENDRICKSDOC • BACKGROUND: The subject property adjoins the Bridgeport Subdivision to the south and the Fairfield Subdivision to the west. These recent subdivision developments have surrounded this property. As the Bridgeport subdivision was designed, the developer approached these property owners with a contract to allow for easements to cross the subject property to provide access to utilities and drainage for the proposed subdivision. As a part of that agreement, the developer of Bridgeport promised connections to water and sewer for the subject property. The City was not a party to this contract and only became aware of the conditions of the agreement after it had been put into place and the applicant requested sewer taps. The applicant is not requesting a rezoning with this annexation. The property, if annexed, will maintain an A- 1 , Agricultural designation. Maximum density on this property if zoned A- 1 would be 4 units. SURROUNDING LAND USE AND ZONING North: Residential, Washington County South: Single family dwellings, R- 1 (Subdivision under construction) East: Residential, Washington County West: Residential, County / Single family dwellings, R- 1 (Subdivision to be constructed) INFRASTRUCTURE: Access to this property is from Sunshine Road, a Washington County road. A new access drive was also created for this property from Constitution Drive within the Bridgeport Subdivision. Water and sewer are available to the site however sewer cannot be connected without annexation or a contract agreement between the City and the property owners. LAND USE PLAN: General Plan 2020 designates this site Residential. H.WSERSICOMMOMDA WN7IREPORMPCV 0-8-0I WENDRICKS.DOC § 161.03 DISTRICT A-1 C. Bulk and Area Regulations. AGRICULTURAL. Lot Width Minimum 200 ft. A. Purposes. The regulations of the Lot Area Minimum: Agricultural District are designed to protect Residential 2 acre agricultural land until an orderly transition Nonresidential 2 acre to urban development has been accomplished; Lot Area Per Dwelling Unit 2 acre prevent wasteful scattering of development in rural areas; obtain economy of public D. Yard Requirements (feet). funds in the providing of public FRONT SIDE REAR improvements and services of orderly YARD YARD YARD growth; conserve the tax base; prevent unsightly development, increase scenic 35 20 35 attractiveness; and conserve open space. B. Uses. E. Height Requirements. There 1. Permitted Uses. shall be no maximum height limits in the A- 1 District, provided, however, that any Unit 1 City-Wide Uses by Right building which exceeds the height of 15 feet shall be setback from any boundary line of Unit 3 Public Protection and Utility any residential district a distance of 1 .0 foot Facilities for each foot of height in excess of 15 feet. Unit 6 Agriculture Such setbacks shall be measured from the required yard lines. Unit 7 Animal Husbandry (Code 1991 , §160.030; Code 1965, App. A, Unit 8 Single-Family and Two-Family Art. 5(I); Ord. No. 1747, 6-29-89) Dwellings 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 4 Cultural and Recreational Facilities Unit 20 Commercial Recreation; Large Sites H.WSERSI COMMOMDAWMI REPORTS W C110-8-01 WENDRICKS.DOC RESOLUTION NO. 77-01 copy A RESOLUTION APPROVING A REQUEST TO PROVIDE CITY SEWER SERVICE FOR TWO (2) SEWER TAPS ON PROPERTY OWNED BY DON AND DONNA HENDRICKS LOCATED OUTSIDE THE CITY LIMITS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : R Section 1 . That the City Council hereby Approves a request to provide city sewer service for two (2) sewer taps on property owned by Don and Donna Hendricks located outside the city limits, on condition that Don and Donna Hendricks apply for annexation in the near future and the City will waive its annexation fee. PASSED AND APPROVED this day of June, 2001 . APPROVED: By: D CO DY, May ATTEST: / By: �J zol�i�i Bather Woodruff, City Clerk