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Home My WebLink AboutOrdinance 4359 ORDINANCE NO. 4359 AN ORDINANCE ANNEXING THAT PROPERTY o DESCRIBED IN ANNEXATION PETITION D _' ANX 01 -5.00 FOR A PARCEL CONTAINING Cn z APPROXIMATELY 13.61 ACRES FOR PROPERTY Cn z LOCATED EAST OF DOUBLE SPRINGS ROAD AND _� C) SOUTH OF OWL CREEK SUBDIVISION, z FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY � <- RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF o a CONLEY AND VIRGINIA WORLEY, GERALD c^' ` AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City of Fayetteville hereby confirms the annexation to the City of Fayetteville, Arkansas, of the following described property: Section 2: That the above described property is hereby assigned to Ward number 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 2"' day of January, 2002. r vo fv _ � - ' z APPROVED: z � T -1 C1 Z S (- C) v' rn rn By: n rn 3 ' p11E TSF S;yAN COODY, M r � o - h ' v rn : ) H V . By. e j leer Woo ruff, City C erk 2002006776 NAME OF FILE: Ordinance No. 4359 CROSS REFERENCE: 01/02/02 Ordinance No. 4359 Exhibit "A" (Legal Description of ANX 01 -5 .00) 11/20/01 Planning Division Correspondence to Fay. Planning Commission from Dawn Warrick, Senior Planner 11 /26/01 Planning Commission Minutes (Page 17) 08/24/01 Petition for Annexation 11/13/01 Level of Service Report/Inspections Division 11 /15/01 Level of Service Report/Sidewalk & Trails 11 /16/01 Level of Service Report/Street Division 11 /16/01 Level of Service Report/Parks & Recreation 12/18/01 Staff Review Form 01 /04/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : -� 7 1 t'�Un, C.� W1A, a 1 E • n Ord . 4359 o ANX 01 .5 .00 EXHIBIT "A" ORIGINAL PART OF THE NE 1/4 OF THE NE 1/40F SECTION 15 , T 16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NE1/4, NE1/4 THENCE S00009'50"W 328.42 FEET, THENCE S89033'51 "W 1322.90 FEET TO THE CENTERLINE OF DOUBLE SPRINGS ROAD, THENCE ALONG SAID CENTERLINE N00000'56"W 330.00 FEET, THENCE LEAVING SAID CENTERLINE N89037 '59"E 1323.92 FEET TO THE P.O.B. ; CONTAINING 10.00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD, PART OF THE NE1/4 OF THE NE1/4 OF SECTION 15 , T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NE1/4, NE 1/4 THENCE S00009'50"W 328.42 FEET TO THE P.O.B., THENCE S00010'21 "E 165.63, THENCE S89033'51 "W 949.79 FEET, THENCE NORTH 165.64 FEET, THENCE N89033'51 "E 949.29 FEET TO THE P.O.B.; CONTAINING 3.61 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 2002006777 ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 01.5.00 FOR A PARCEL CONTAINING APPROXIMATELY 13.61 ACRES FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD AND SOUTH OF OWL CREEK SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RAYMOND C. SMITH, ATTORNEY, ON BEHALF OF CONLEY AND VIRGINIA WORLEY, GERALD AND IRENE GRISCOM AND SYLVESTER AND CAROL GUIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City of Fayetteville hereby confirms the annexation to the City of Fayetteville, Arkansas, of the following described property: Section 2: That the above described property is hereby assigned to Ward number 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 92001, APPROVED: T By: DK4 F 1 DAN COODY, Mayor ATTEST: By: Heather Woodruff, CityClerk EXHIBIT "A" ANX O1-5.00 PART OF THE NEIA OF THE NE '/4 OF SECTION 15, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THENE CORNER OF SAID NEI/4, NE 1 /4 THENCE S00°09' 50"W 328.42 FEET, THENCE S8903315 I "W 1322.90 FEET TO THE CENTERLINE OF DOUBLE SPRINGS ROAD, THENCE ALONG SAID CENTERLINEN00000' 567'W 330.00 FEET, THENCE LEAVING SAID CENTERLINE N89°37'59"E 1323.92 FEET TO THE P.O.B.; CONTAINING 10.00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. PART OF THE NEIA OF THE NEIA OF SECTION 15, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NEIA, NE '/a THENCE S00°09' 50"W 328.42 FEET TO THE P.O.B., THENCE S00° 10'21 "E 165 .63, THENCE S89033551 "W 949.79 FEET, THENCE NORTH 165.64 FEET, THENCE N89°33 ' 5155E 949.29 FEET TO THE P.O.B.; CONTAINING 3 .61 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. 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: November 20, 2001 ANX 01 -5.00: Annexation (Griscom/Guist, pp 476) was submitted by Raymond C. Smith, Attorney on behalf of Gerald & Irene Griscom and Sylvester C. & Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is in the Planning Area and contains approximately 13.61 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: November 26, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied= Date: Decemberr18, 2001 (P' reading) , Comments: H.9USERSICOMMONIDAWNnREPOR7SIPCII1-16-0/Igriscom_a=.doc BACKGROUND The subject property is located at the western edge of the city, south of Hwy 16W on Double Springs Road. Recently property west and south of this tract was annexed and zoned R- 1 for the Silverthome Subdivision. The two different property owners have obtained an order of annexation from Washington County and are now requesting that the 13 .61 acres be annexed into the City of Fayetteville. Two companion requests are also being brought to the Planning Commission for consideration. These property owners, along with the owner of property to the north, are requesting that the entire parcel be rezoned from A- 1 , Agricultural, to two different types of residential zoning designations. Surrounding properties are predominately large acreages with single family homes and some agricultural uses. Annexation will allow for the controlled development under current City regulations. Tree preservation, park land dedication, stormwater management and grading and drainage, will all apply at the time of development for this property if it is annexed into the City. During development review utilities are coordinated. More efficient use of infrastructure is a positive result of development under City regulation. The developer will benefit by having the opportunity to better utilize the subject property and gain access to the City's sewer system as well as police and fire protection and solid waste pickup. SURROUNDING LAND USE AND ZONING North: Large acreage / single family home, A- 1 (R-1 request pending) South: Large acreage / single family homes, Washington County East: Large acreage / single family homes, Washington County West: Agricultural / single family homes, Washington County & Silverthome Subdivision (R- 1 ) INFRASTRUCTURE: Access to this property is from Double Springs Road which runs along the western property boundary and intersects Wedington Drive / Hwy 16W to the north and Hwy 62W to the south (through Farmington). Double Springs Road in this location is classified a minor arterial on the City's Master Street Plan. A minor arterial requires a total of 90' of right of way and is designed to carry approximately 12,200 vehicles per day. Persimmon, a proposed collector street on the Master Street Plan lies immediately north of the subject property. H:I USERSICOMMONIDAWA71PEPOR7SWC111-16-01lgriscom_a=.doc An existing 8" water line along the west side of Double Springs Road is available to serve this site. Sewer will have to be brought to the site at the time of development. A lift station and a 12" sewer line are located north of this property which serve nearby residential subdivisions (Silverthome, Owl Creek). LAND USE PLAN: General Plan 2020 designates this site Residential. H:I USERSICOMMONOAWNnREPOR7SIPCII1-16-01lgriscom_aaa.doc • Q '• iP.iitiitii ['i•iiiiiiii ii iii ji iici isiiiiiiiiiti iiiiliiiiiiiiiiii iiiii iiiii . ................... ii c 'r: i.......ii........... iiii :�!iii:`? •ii•:i�iiiiii!'riiiiiiiiii�i •:iiiiiii' `iiiiiiiiiiiiiii?i: .i::�� ANx01-05.00 Wo G & G One Mile View v i 1-- -� c t- F l R I „ _ I YY L lP I s t s,z- S�. 4 -Y i sl '�'� i x ti E S t az i w S g 1- k. > I r t : "If Ix t rl .a.3.—/ a l.-- 9C. t ,af � ILrrt #m " at , t � �" I I � �" " sr �{ Yv�F it ... i uu L a I -N• t I 1CW� yes �Y v 7 i,mTit ' ra i x .14 .. x - 'xx� 5 :r ' r .� t'_ r l f_�v r ' $ lit€ r. s alt - All l W — x75TA2F1T1Gte11XY 36 -- - e Lt IAIR' l .� s r I / s1 N4t Y F �. fL2 6-2 a F 1� t Al e 4 x x 1 t F k Y >? v z tl ` R.0 k' l-Ao ' L `T +--r L /.y--l� �- 31 ;e Ia R't .it 1 ll I .�pI - .Lt �L_ i ,y.—. r s G ads I . . 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Ai t Overview Legend _ _ - - _ - ,- - - Subject Property Boundary Master Street Plan ANZOt-05.00 �'�� Planning Area I�-a Fraeway/Expressway BOcog /� Principal Arterial OOCOCOO Overiay District Streets I City Limits 4N, Minor Arterial Existing L — — Carbide City . Collector Planned 11"i Hislorio Collector Planning Commission November 26, 2001 Page 17 ANX O1-5.00: Annexation (Griscom/Guist, pp 476) was submitted by Raymond C. Smith, Attomey on behalf of Gerald & Irene Griscom and Sylvester C. & Carol Guist for property located east of Double n Springs Road and south of Owl Creek Subdivision. The property is in the Planning Area and contains approximately 13 .61 acres. The request is to annex into the city. Estes: The next item on the agenda is item number four, this is an annexation request. It is submitted by Mr. Raymond C. Smith, Attorney on behalfof Gerald and Irene Griscom and Sylvester C. & Carol Guist for property located east of Double Springs Road and south of Owl Creek Subdivision. The property is in the Planning Area and contains approximately 13 .61 acres. The request is to annex into the city. Staff recommends approval of the requested annexation based on the findings that are included in your packet. Is the applicant present or the applicant' s representative present? Do you have a presentation that you would like to make? If so, please state your name and provide us with the benefit of your presentation. Smith: My name is Raymond Smith, I'm an attorney representing both the Griscoms and the Guists in this petition for annexation of 13 .61 acres from the county into the City of Fayetteville. I believe the packet there has quite a bit of material in there. If there are any questions as far as the developer on this or the planning people on this, Mr. Jorgensen, they are in the audience here and would be available to answer any questions. Estes: Thank you Mr. Smith. Is there any member of the audience who would like to comment on this requested annexation 01 -5? Seeing none, I will bring it back to the full commission for discussion, comments or motions. Commissioners? Marr: This is consistent with our planning area. I would like to move for approval of ANX 01 - 5 .00. Estes: We have a motion by Commissioner Marr to approve ANX 01 -5.00, is there a second? Shackelford: I ' ll second. Estes: We have a second by Commissioner Shackelford. Is there any discussion, any comments, any questions? We have a motion by Commissioner Marr and a second by Commissioner Shackelford to approve ANX 01 -5 .00, any questions or comments? Renee, would you call the roll please? Roll Call: Upon the completion ofroll call the motion to approve ANX 01 -5 .00 was approved by a vote of eight to zero. Estes: The motion passes by a vote of eight to zero. IN THE COUNTY COURT OF WASWP 1,g7DDN COUNTY, ARKANSAS IN THE MATTER OF: I j I L; 4� y P;�1 CASE NO. 00 - �d ANNEXATION OF CERTAIN LANDS TO 'Tl CITY OF FAYETTEVILLE, ARKANSAS C. 0. PF` Qv,_, 'L7rile s PETITI6IV FOh ANATION Comes now, Gerald F. Griscom and Irena M. Griscom, husband and wife, and Sylvester Charles P A Guist and Carol Ann Guist, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1 . Petitioners, Gerald F. Griscom and Irena M. Griscom, husband and wife, are record owners of the following described property situated in Washington County, Arkansas, to wit: Part of the NE 1/4 of the NEIA of Section 15, T16N, R3I W in Washington County, Arkansas and being more particularly described as follows: Beginning at the NE Comer of said NE1/4, NEI/4 thence S 00 degrees 09 minutes 50 seconds W 328.42 feet, thence S 89 degrees 33 minutes 51 seconds W 1322.90 feet to the centerline of Double Springs Road, thence along said centerline N 00 degrees 00 seconds 56 seconds W 330.00 feet, thence leaving said centerline N 89 degrees 37 minutes 59 seconds E 1323.92 feet to the P.O.B.; containing 10.00 acres more or less subject to easements and Right of Way of record. Said property is depicted on a Property Survey and Vicinity Map dated August 9, 2001, prepared by Jorgensen & Associates, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference. 2. Petitioners, Sylvester Charles Guist and Carol Ann Guist, husand and wide, are record Owners of the following described property situated in Washington County, Arkansas: Part of the NEI/4 of the NEIA of Section 15, TI6N, R31 W in Washington County, Arkansas and being more particularly described as follows: Beginning at the NE comer of said NEI/4, NEI/4 thence S 00 degrees 09 minutes 50 seconds W 328.42 feet to the P.O.B., thence S 00 degrees 10 minutes 21 seconds E 165.63 feet, thence S 89 degrees 33 minutes 51 seconds W 949.79 feet, thence North 165.64 feet, thence N 89 degrees 33 minutes 51 seconds E 949.29 feet to the P.O.B.; containing 3.61 acres more or less subject to easements and right of way of record. Said property is depicted on the Property Survey and Vicinity Map dated August 9, 2001, prepared by Jorgensen & Associates, a copy of which is attached hereto as Exhibit "B" and made apart hereof by reference. 3 . All of the above described property is adjacent to and contiguous to the present city Boundary line for the City of Fayetteville, Washington County, Arkansas.