HomeMy WebLinkAboutOrdinance 4463 Z
ORDINANCE NO. 4463
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY OWNED BY GEORGE AND SARALEE
ANDERSON
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 that property described in Exhibit "A" attached hereto and made a part
hereof.
Section 2 . The official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3 . That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of A- 1 , Agricultural to the subject property.
Section 4. That the above-described property is hereby assigned to Ward No. Three.
uPASSED AND APPROVED this the 181h day of February, 2003 .
'10p E
a i
APPROVED:
ik0By:
DAN COODY, or
N ,
/
ATTEST
-� o IIIIIIIIIIIIII IIIV IIIIIIIIIIII IIIIIIIIII VIII VIII VIII VIII VIII VIII IIIIIIII
:
Doc ID : 004357930002 TVDe : REL
Recorded : 03/07/2003 at 10 : 44 : 34 AM
Fee Amt : $11 . 00 Pace 1 of 2
By: Vashlncton county . AR
Sondra Smith, City Clerk Bette stamos circuit clerk
File2003-00015852
EXHIBIT "A"
A part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Nineteen
( 19) and a part of the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/A) of Section
Eighteen ( 18) Township Seventeen North (17) Range Twenty-nine (29) West in Washington
County, Arkansas, being more particularly described as follows, to-wit:
From a found iron pin being the Southwest Comer of the Northeast Quarter (NE '/<) of the
Northeast Quarter (NE '/<) of said Section Nineteen (19) run North 00°04'09" West — 1 ,309.72
feet along the East line of Copper Creek Subdivision to an iron pin at the Northeast Corner of
said Subdivision and on the South Boundary Line of the Nooncaster tract as decreed in the
Circuit Court Order of May 21 , 2002; thence along said South Boundary Line of he Nooncaster
tract South 89042'42" East — 1 .71 feet to the Southeast comer thereof; thence North 00°00'42"
East 658 . 11 feet along the East Boundary Line of said Nooncaster tract to an iron pin; thence
leaving the East Boundary line of said Nooncaster tract and running South 89055 ' 10" East-
659. 56 feet; thence South 89 54'03" East — 659.48 feet; thence South 00°00' 50" East — 662.20
feet; thence South 00° 18'57" East 819.63 feet; thence North 89°30'01 " West — 420.84 feet;
thence South 01 °34'41 " West — 272.45 feet; thence South 89°01 '36" East — 429.91 feet; thence
South 00° 18 ' 57" East — 205.68 feet; thence South 89°54'04" West — 13326.64 feet to the POINT
OF BEGINNING, containing 57.00 acres, more or less.
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�a-�, of
State & Arkansas
Secretary of State
'1Rg�Ngt�
Charlie Daniels
Secretary of State
March 11 , 2003
The Honorable Karen Combs Pritchard
Washington County & Probate Clerk
280 North College Ave., Suite 300
Fayetteville, AR 72701
Dear Ms. Prithcard:
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 03/ 10/2003 County: Washington City: Fayetteville
Annexation: Ordinance No. - 4463
Co. Order No CC-2002- 12
Plat - X
Election -
Island -
Incorporation: Ordinance No.
Co. Order No.
Plat
Election
Census Information
1st Class City
2nd Class City
Incorporated Town
I have forwarded this information to the Arkansas Municipal League. If you have any further
questions please do not hesitate to contact me at 1 -800-482- 1127 or 682-3451 .
Sincerely,
Leanna Godley
Election Services Representative
Boom 166 State Capitol • Lillie Rock, Arkaosaa 72201.1094 R EC E I A, ED
601.682.1010 • Fax 601.682-3610 003
e-malt: eos®aristotle.net • www.eoeweb.statear ue
CITY OF F., ,_',-I'EVILLE
CITY CLERK'S OFFICE
NAME OF FILE: Ordinance No. 4463
CROSS REFERENCE:
Item # Date Document
1 02/18/03 Ord. 4463 w/Ex. "A"
2 1copy of 1/17/02 memo to mayor/city council
copy of Decree of Annexation
draft ordinance
copy of Planning Commission minutes pertaining to submit
property
copy of 1 /9/03 memo to Planning Commission
w/attachments
copy 2/3/03 memo to City Council w/attachments
3 02/25/03 memo to Tim Conklin
4 03/03/03 lAffidavit of Publication from NW Ark. Gazette
NOTES :
NORTIJ# VEST ARKANSA* EDITION
A &ansas Democrat IV 05azette
RECEIVED
MAR 0 4 2003
CITY OF FAYETTEVil i
AFFIDAVIT OF PUBLICATIOI�ITMCLERK'S OFFICE
do solemnly swear that I am
Legi4l Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and
/Ireference to the files� of said publication , the advertisement of:
ytCL�ci )Q n CSP > Y f10 . 3 was inserted in the regular editions on
** Publication Charge : $ /0 0
Subscribed and sworn to before me this
3 day of ! 2003.
ORDINANCE NO. 4463
AN ORDINANCE CONFIRMING THE ANNEXATIONTO THE
CRETT
Y OF FAYEVILLE. ARKANSAS, OF CERTAIN PROPERTY ,
(.� OWNED BY GEORGE AND SARALEE ANDERSON.
NOtary PUbIIc BE R ORDAINED By THE CITY CQINOL OF THE CITY OF of
cB I
FAYETTEMLLE. ARKANSAS: f
Section 1. That the Oty Council hereby conflrtha the amexatiori to the City a Fayene.4De ArYers�ffis•ol,
My that ProPerTY described In Echbit 'A' attached hereto Snot node a Pon hereof. . r
s:missi
TA NI Section 2. The official map of the City of Fayanwil e, Arlarsa;. Is hereby artanded to rafiect the Charge.
Notary Public-A u Pro+iam in SePm, 1 above. .
W ASHING E Pi 9O5 1,1-05-2011 Serlion 3. That the oRnlel Zoning h S t of the City of FayefteMe, Arkansas IS hereby ananlod to assign
the zoning designation of A-1. AgftgLff l to the sub)act property.** PI a� I Section 4. That the above-described Property Is hereby assigned to Ward No. Three. �f#f
An voice will be sent. PASSED and APPROVED INS the 18th day of Fel>vay, 20M.
APPROVED: ,..
Ely'. v a
Dan Goody, Mayor
ATTEST:
By, y
Sondra Smith, Cly Clerk . ..;j
EXHIBIT •A'
A Pan of the Northeast Quarter (NE J of the Northeast Quarter INE ) of Section Nineteen (19) and a
I Pah of the Southeast Quarter (SE J of the Sauaeast Cuarter (SE J O Section Bghteen (18) Tc4Ta p
Seventeen Nath (17) Range Twenty-nine (29) wast n wasti gtm Gouhty, Arkansas, betegmac
Pahiculary described as follows, to-M: ; 11
From a faand bon pn being the Sovitrwest Caner of the Northeast Quarter INE J W the NWh8e6
Ouauer (NE J M said Section Nineteen (19)_run North 03°04'09' west - 1,309.72 fact along t h East
Me of Copper Greek SuaclMsian to an iron Pin at the Northeast Corner of said Suodeisim and on the
South Boundary Una of the Nooncesta tract as decreed in the Ckcuit Cart Order of May 21.2032;
hence along Sao South Boundary Line of he Noonccester tract South'89°42'42' East - 1.71 fact toe e
Southeast comer thereof; thence North 03 58
°00'42' East 8 .11 feat along the East Boundary Litie Of said
Nooncaster tract to an Iran pin; ttance 694g the East BourA y the of salcl Noohnasta,trnp�.itand
ruvh,g South 89.55'IT East- 659.55 feet:.lhaee South 89 54'03' East - 659.48 feet: theme South
00°00'50' East - 682.20 feet; thence South03°18'57' East 819.63 feel: thence North 89930101'Wast
- 420.84 feet; thence Sash 01°34'41' west- 272.45 feet; thence Sa111189°01'38' East - 429.91 feet:
thane South00'18'57' East- 205.68 ireb Bherne South 89.54'04'West - 1,328.64 feet to the POINT
OF BEGINNING. containing 57.00 acres, rnae or less.
M
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700
FAYETTE�'I LLE
' THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
Community Planning & Engineering
Services
From: Clarice Buffalohead-PearmanU
City Clerk Division
Date: February 25, 2003
Re: Ord. No. 4463
Attached is an executed copy of the above ordinance approved by the City Council February' 18,
2003, approving ANX 03-01 .00, annexing 57.00 acres, located at 3632 E. Zion Road, to the city
of property owned by George and Sara Lee Anderson.
This item will be microfilmed and filed with the city clerk's office. If anything else is needed
please let the clerk's office know.
Icbp
cc: Nancy Smith, Internal Auditor
FAYETAVILLE i
THE CITY OF FAYETTEVILLE, ARKANSAS City Council meeting of Feb. 4, 200
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Shelli Rushing, AICP, Associate Planner
THRU: Tim Conklin, City Planner
DATE: January 17, 2003
ANX 03-1.00: Annexation (Brandon/Anderson, pp 61/100) was submitted by Michele Harrington
of Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises,
Inc. for property owned by George & Saralee Anderson and located at 3632 East Zion Road. The
property is in the Planning Area and contains approximately 57.00 acres. The request is to annex
into the City.
BACKGROUND:
The subject property is located west of George Anderson Rd. and north of Zion Rd. and is currently
used for agricultural purposes. If the annexation is approved, the applicant would like to rezone the
property to R- 1 , Low Density Residential. The rezoning, RZN 03-4 (Anderson) is an accompanying
item to this annexation request.
The proposed rezoning could result in 228 units (57.01 acres x 4 du/acre). Using 2.21 persons per
occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 504
persons. Using Trip Generation rates, the average weekday two-way volume is 2, 182. The Saturday
two-way volume is 2,301 . George Anderson and Zion are both designated as Collectors on the
Master Street Plan. A collector is designed for 4,000 vehicles per day, or 6,000 vehicles per day with
a left turn bay.
The Engineering Division, Police Department and Fire Department have responded to the annexation
request. They have not indicated that the property should not be annexed. However, the Police
Department did comment on the increase in patrol responsibility due to the increase in area to cover.
Staff is recommending approval of the requested annexation. The property has access to utilities and
can adequately be served by the city.
CURRENT STATUS:
On January 13, 2003, the Planning Commission voted 8-0- 1 to recommend to the City Council
approval of the requested annexation.
RECOMMENDATION:
Approval of the requested annexation.
K:IREPOR7SI20031CCREPORZSWEBRUARN4NX3-1 ANDERSONDOC
IN THE COUNTY COURT OF WASHINGtYN-000NTY, ARKANSAS
� t
IN THE MATTER OF: 0J 12 Pf1 1 34
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS r". ° iL .{ li r n `,'�AcnS Case No. CC 2002-12
CC- & PROB ,; T E CLERK
-j- CO. ARK .
DECREE OF ANNEXATION
Now on this 12th day of November, 2002, this cause comes on to be heard, the
Petitioners, George E. Anderson and Saralee F. Anderson, husband and wife, represented by
their attorneys, Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas,
announcing ready for a hearing of the cause and there being no protests or objections filed,
whereupon, the matter is submitted to the Court upon the verified petition filed herein, and
any oral and documentary evidence adduced, the Court being well and sufficiently advised
of the facts and the lav, doth hereby find, judge and decree as follows:
1 . The Petition in this cause was filed on October 3, 2002, at which time this
Court fixed Tuesday, November 12, 2002, at 1 : 30 p. m ., as the date and time of hearing for
said cause, and that a full thirty (30) days has passed since the filing of the Petition , and this
Court has jurisdiction of the persons and subject matter of this cause of action, and venue is
proper herein .
2 . The Petition filed herein named Harrington, Miller, Neihouse & Krug, P.A. to
act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all
matters connected with the Petition, as well the required notices, and this and any other
hearings or annexation proceedings connected therewith .
Order of Annexation Page 1 of 3
George and Saralee Anderson
3 . Harrington, Miller, Neihouse & Krug, P.A. has given Notice of hearing on the
Petition as required by law, and the proof of publication of said notice is now on file with the
Clerk of this Court.
4. The Court is satisfied that the allegations of the Petition filed herein are
sustained by the proof, and that a majority of the total number of real estate owners in the
area affected by this Petition have signed said Petition, and that such majority owns more
than one-half ( 1 /2) of the acreage affected.
5 . The land and territory sought to be annexed to the City of Fayetteville,
Washington County, Arkansas, in this cause is described as follows :
A part of the Northeast Quarter (NEI /4) of the Northeast Quarter (NEI /4) of
Section Nineteen ( 19) and a part of the Southeast Quarter (SEI /4) of the
Southeast Quarter (SEI /4) of Section Eighteen ( 18) Township Seventeen
North ( 17N ) Range Twenty-nine West (29W) in Washington County,
Arkansas, being more particularly described as follows, to-wit :
From a found iron pin being the Southwest Corner of the Northeast Quarter
(NEI /4) of the Northeast Quarter (NEI /4) of said Section Nineteen ( 19) run
North 00 ° 04'09" West — 1 , 309 . 73 feet; thence north 00° 09 '38 " East —
658 . 10 feet; the South 89055 ' 10" East — 659 . 56 feet; thence South
89 ° 54 '03 " East — 659 .48 feet; thence South 00000 '50 " East — 662 . 20 feet;
thence South 00018 '57" East — 819 . 63 feet; thence North 89 ° 30'01 " West —
420 . 84 feet; thence South 01 ° 34 '41 " West — 272 . 45 feet; thence South
89 ° 01 ' 36 " East — 429 . 91 feet; thence South 00 ° 18 '57" East — 205 . 68 feet;
thence South 89054 '04" West — 1 , 326 . 64 feet to the POINT OF
BEGINNING, containing 57.01 acres, more or less.
and, the same is accurately described in the Petition filed herein .
6. Attached to and made a part of said Petition is an accurate map of the above-
described territory that is sought to be annexed to the city of Fayetteville, Arkansas .
Order of Annexation
George and Saralee Anderson Page 2 of 3
7. The above-described is property not unusually large and it is contiguous and
adjacent to and adjoins the present boundaries of the City of Fayetteville, and this territory
should be annexed to and made a part of the City of Fayetteville, Arkansas .
8 . The prayer of the Petition filed herein is right and proper and should be
granted .
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of
the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature
of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act
142 of the Acts of Arkansas for the year 1963, as codified in Ark . Code Ann . X14-40-601 , et
seq .
IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original papers
in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to be
properly recorded upon the records of Washington County, Arkansas, and the Clerk, after
properly recording and filing the original papers, is directed to prepare certified transcripts of
the same; that one of the certified transcripts shall be delivered to the City of Fayetteville,
Arkansas, one copy to the Secretary of State, and one copy to the Director of the Tax Division
of the Arkansas Public Service Commission .
Jl RR HUN ON , County Judge
Order of Annexation
George and Saralee Anderson Page 3 of 3
ANX03- 1 . 00
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PeKY Master Street Plan
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STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of February 4, 2003.
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED: To approve an ordinance annexing property described
in annexation petition ANX 03-01.00 for a parcel containing 57.00
acres located at 3632 East Zion Road.
COST TO CITY:
$0
Cost of this request Category/Project Budget Category/Project Name
Account Number Funds used to date
Project Number Remaining balance
Program Name
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Services Director
Budget
Coordinator
Administrative
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Ac�entig,t4anager Date ADA Coordinator Date
1'J-a.a C�rt7tto ey Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and on January 13, 2003
the Planning Commission voted 8-0-1 to recommend that the City
Council approve t e requested annexation.
7 -/2 -ca Cross Reference
Division Head Date
Department Director Date New Item: Yes No
), Prev Ord/Res#:
An' rat ve Services Date Orig Contract Date:
Director
Mayor Date
ORDINANCE NO.
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN
PROPERTY OWNED BY GEORGE AND SARALEE
ANDERSON.
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 that property described in Exhibit "A" attached hereto and made a part
hereof.
Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3.
That the official zoning
map of
the City of Fayetteville,
Arkansas is
hereby amended to
assign the zoning designation
of A-1,
Agricultural to the subject
property.
Section 4.
That the above -described
property
is hereby assigned to Ward No. Three.
PASSED
AND APPROVED this
day of
, 2003.
ATTEST:
By:
Heathe ff, City Clerk
A part of the Northea
Section Nineteen (19)
Southeast Quarter (SE
(17) Range Twenty-nine
particularly described
EXHIBIT "A"
st Quarter (NE '4) of the Northeast Quarter (NE 'b) of
and a part of the Southeast Quarter (SE 'b) of the
',f) of Section Eighteen (18) Township Seventeen North
(29) West in Washington County, Arkansas, being more
as follows, to -wit:
From a found iron pin being the Southwest Corner of the Northeast Quarter (NE
%) of the Northeast Quarter (NE '4) of said Section Nineteen (19) run North
00°04'09" West - 1,309.72 feet along the East line of Copper Creek
Subdivision to an iron pin at the Northeast Corner of said Subdivision and on
the South Boundary Line of the Nooncaster tract as decreed in the Circuit
Court Order of May 21, 2002; thence along said South Boundary Line of he
Nooncaster tract South 89°42'42" East - 1.71 feet to the Southeast corner
thereof; thence North 00°00'42" East 658.11 feet along the East Boundary Line
of said Nooncaster tract to an iron pin; thence leaving the East Boundary
line of said Nooncaster tract and running South 89°55'10" East- 659.56 feet;
thence South 89 54'03" East - 659.48 feet; thence South 00°00'50" East -
662.20 feet; thence South 00°18'57" East 819.63 feet; thence North 89°30'01"'
West - 420.84 feet; thence South, 01°34'41" West - 272.45 feet; thence South
89°01'36" East - 429.91 feet; thence South 00°18'57" East - 205.68 feet;
thence South 89°54'04" West - 1,326.64 feet to the POINT OF BEGINNING,
containing 57.00 acres, more or less.
Planning Commis •
January 13, 2003
Page 46
Aviles: Our final items nine and ten are also companion items, they are an
annexation and a rezoning of the same property. ANX 03-1.00 was
submitted by Michele Herington of Herington, Miller, Neihouse and Krug
on behalf of Gary Brandon of Gary Brandon Enterprises for property
owned by George and Saralee Anderson and located at 3632 E. Zion
Road. The property is in the Planning Area and contains approximately
57.01 acres. The request is to annex the property into the city and staff is
recommending approval. Shelli?
Rushing: Yes Ma'am. This property is located west of George Anderson Road. It
is east of the Copper Creek Subdivision. The applicant is requesting to
annex into the city. I do want to let you know of some public comments
that we have received on this request. The first is that we received a copy
of an email from an adjacent property owner expressing concern over the
legal descriptions that were submitted. Since we received that email we
have spoken with the applicant's representative, they have provided us
with a new legal description and you have maps in front of you showing
the revised maps. The current legal description reduces the size of the
property slightly. You will notice that there is not very much of a change
of the boundaries of the property.
Aviles: What is the new size?
Conklin: There was approximately about a 3" discrepancy so you are not going to
be able to really see it on the maps. It was a surveying error.
Rushing: We also received an email in regard to the signs posted out at the property.
We did post a sign, the sign had fallen down. We did go out there and put
the sign back up. We located the sign in a place that we hoped would be
as visible by as many people as possible. It was located at the corner of
Copper Creek and Zion Road .to improve visibility for that sign. I just
want to let you know that when property is annexed into the city it is
annexed in as A -I and so we do have an accompanying item to rezone the
property to R-1 Residential. That is the next item on the agenda. The
proposed rezoning could result in approximately 228 units on the property
based on the maximum dwelling units per acre for this site. Using a
persons per occupied unit of 2.21 from census information for the City of
Fayetteville, we estimate a total population of 504 people. We used our
trip generation software to determine the average weekday two way
volume which was estimated at 2,182 trips. George Anderson and Zion
Road both are designated as collectors on the Master Street Plan.
Collector streets are designed for between 4,000 vehicles per day or 6,000
vehicles per day with a left turn bay. We did adopt an annexation policy
in March of 2002. We used this policy to make findings on this request.
Part of that involved a study of the request by the Engineering Division as
Planning Commis •
January 13, 2003
Page 47
well as Fire and Police. We did find that it appears that utilities, as well as
public services, can be adequately provided at this location. I do want to
point out that George Anderson and Zion Road both are gravel roads at
this location. The site does have access to an existing 8" water line and an
8" sewer line that is located in the adjacent Copper Creek subdivision.
There is also a 12" water main along Zion Road. The Fire Department
estimates the response time to be between six and eight minutes and fire
hydrants probably will be needed at the time of development. We are
estimating approximately 228 units. After speaking with the Police
Department, they did not have any objections with the annexation or the
rezoning but did want to point out that the city needs to keep in mind that
as the city annexes more and more land the Police Department's patrol
responsibilities increase and as the city grows in area officers' crime
deterrent patrols decrease simply due to the fact that there is more area to
cover. I wanted to let you know of that comment. We do not feel that
there is going to be a need in upgrading utilities at this location. The
property will be required to go through the subdivision development
review process and we find that the request is an acceptable size for an
annexation. Therefore, we are recommending approval of the annexation.
Aviles: Thank you Shelli, is the applicant present?
Harrington: Good evening everyone, I am Mickey Harrington. I am representing the
sellers, the Andersons and Mr. Brandon the buyer, Gary Brandon
Enterprises. The engineer and Mr. Brandon are available to answer
questions. I do believe that this is pretty straight forward. The
discrepancy in the legal description, which has been corrected, amounted
to a one, one hundredth of an acre change so instead of 57.01 it is 57.00
acres. That is the difference. It is a smaller piece due to a survey trying to
avoid an obstacle and a few inches difference that has been corrected. I
don't think that the number of houses out on this parcel is going to be
anywhere near the number of units that were described in the report. I
know that is the maximum allowed but just for your information, I know it
is premature but it will be nowhere near that number. It will be essentially
an extension of the Copper Creek development that is already out there
and will look very similar if not the same type of development just
heading to the east from the existing Copper Creek subdivision. I would
be happy to answer questions.
Aviles: Thank you. Is there any member of the audience that would like to
address us on this annexation request? Yes Sir, please come forward and
tell us your name.
Clark: I am Arthur Clark, I live
directly
across Zion
Road
to the south. I
have
quite a bit of drainage as
it stands
as a farm. I
am a
little concerned
about
Planning Commis 40
January 13, 2003
Page 48
what are they going to
do with the drainage
increase when we get streets
and houses, etc. Also,
what are they going
to do with Zion
Road. Is it
going to be paved, is it
going to be widened,
which it needs to be? If so,
all of the road comes south of the quarter section line. Am I
going to be
required to move a fence or something if the
road is widened
or will they
go to the north into this
subdivision?
Aviles: Tim or Shelli would you like to address that? Some of these may have to
go to the applicant in terms of the drainage.
Conklin: With regard to the roads, we will be looking for street improvements to
Zion Road and George Anderson Road at the time of development. We
will have to take a look at exactly where the property lines are and where
the road is with regard to where the road is built. There will be a process
of development review, notification will be sent out and that will have to
be worked through if this is annexed and rezoned by the City Council
through that development review process. With regard to drainage, once
again, at this time it is an annexation and rezoning. We do have a storm
water ordinance and drainage will be considered as part of that
development review process with regard to how to handle it. As a city
policy storm water detention on site is almost always required in order to
make sure that the pre -development flows and the post -development flows
remain the same going off the site.
Aviles: Ok, thank you. Is there anybody else in the audience that would like to
address us on this annexation? I will go ahead and bring discussion back
to the Commission and to the applicant.
Estes: It will be necessary that I recuse on this annexation request and the
companion rezoning request. The reason for my recusal is that I was
involved as an attorney of record in litigation regarding the subject
property within the last 12 months.
Aviles: Thank you Commissioner Estes, so noted. Commissioners?
Bunch: I will move that we recommend ANX 03-1.00 to the City Council.
Hoover: I will second.
Aviles: I have a motion by Commissioner Bunch and a second by Commissioner
Hoover. I do have just one question for the applicant. You mentioned that
this was going to be pretty much a mirror image of the Copper Creek
adjacent to this, is that going to include the same types of densities?
Harrington: Yes.
Planning Commis •
January 13, 2003
Page 49
Aviles: Thank you very much. Is there additional discussion?
Bunch: Madam
Chair, I would
like to make a couple of comments. One is
that I
know that
this will be coming
up during the development process but
there
is a one
lane bridge on
Zion not too far from this and I think that came up
with the
Copper Creek
subdivision. Tim, could you enlighten us on
what
the city's
position is on
changing that one lane bridge?
Conklin: That is something that we will have to take a look at when this comes
through. I can get more information for you on that when that
development comes through with regard to the improvements.
Bunch: I just want to make sure that we keep it in the forefront because that is a
question that has come up with the other developments in this area. In
case we have any offsite improvements that are necessary to keep it in the
fore front.
Conklin: When Stonewood and Copper Creek were developed street stub outs were
provided and of course they have utilized those street stub outs to connect
both subdivisions together. Those street stub outs have been extended
back to the east which would allow access for this subdivision also so it's
main access wouldn't be directly on Zion Road. However, it would have
access to Zion Road. That is something that we will look at. I have
mentioned that to the engineer that is looking at this and that is something
that staff is aware of with regard to that one lane bridge on Zion Road.
Bunch: Also, for clarity on the issue since George Anderson Road and Zion Road
will be in the city with the annexation should it pass are we going to have
a situation where half the road is in the city and half is in the county and
what do you foresee as the resolution to building these roads out?
Conklin: We are going to require a road that can handle the traffic for the
subdivision. In the past we have required street improvements to meet
city standards on one side and street improvements on the other side,
maybe not curb and gutter. It is something that we always look at and deal
with. If you recall just a month ago with the Nelson Berna Funeral home
at the intersection, we were trying to get street improvements on both
sides and the property owner to the south didn't want to provide the right
of way and lose the trees to provide that intersection. On that project we
got '/2 of the street for the entire length of that property. I guess what I am
telling you is that it is kind of on a case by case basis. We do want to
make sure that when the streets are built that they are built to handle the
traffic.
Planning Commis •
January 13, 2003
Page 50
Bunch: Just one other comment. This is a question for the City Attorney I guess.
If this annexation goes through, it is an encroachment into existing
agricultural pursuits with animal husbandry and farming and that sort of
thing and I realize that there are poultry houses immediately across the
street. In the winter time they may not be so odiferous but in the spring
and summer when you take the curtains off and run the fans you need to
be aware that as we build subdivisions into areas where there are
agricultural pursuits that there are certain things that aren't quite like city
life. Kit, could you tell us a little bit about what type of regulations we
have to do not have concerning the encroachment into existing agricultural
areas?
Williams: We don't really have any regulations that would stop adjoining areas from
continuing with the agricultural pursuits that they have done for a long
time. The city would have some potential power if there was something
that was really bad going on through it's nuisance power even beyond the
city limits. I don't think though that the City Council would ever want to
affect established, ongoing long term businesses because we approach
closer to them. I would think that anybody that would be buying a house
in the subdivision should be, they should know what the are around there
looks like and I am sure they can see chicken houses and things across the
street there and would I think probably have some idea of what they might
smell like and of course they could talk to their friends in the other
subdivisions that are already being built next to these other chicken houses
and probably find out that in the warmer months you can occasionally
smell chickens.
Aviles: Thank you. Do you have any other questions Commissioner Bunch? Are
there any other questions? Renee, call the roll please.
Roll Call: Upon the completion of roll call the motion to recommend approval of
ANX 03-1.00 by the City Council was approved by a vote.of 8-0-1 with
Commissioner Estes abstaining.
Aviles: Thanks Renee. The motion carries on a vote of eight with one abstention.
C
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: Jan. 9, 2003
PC Meeting of Jan. 13, 2003
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
ANX 03-1.00: Annexation (Anderson, pp 61/100) was submitted by Michele Harrington of
Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises, Inc.
for property owned by George & Saralee Anderson and located at 3632 East Zion Road. The
property is in the Planning Area and contains approximately 57.00 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
Date: Jan. 13, 2003
CITY COUNCIL ACTION: Required
Date: Feb. 4, 2003
Comments:
I tAty {f :Z1111►i1I
Property Description: The subject property is located west of George Anderson Rd. and north of
Zion Rd. It is 57.01 acres with agricultural uses.
Request: The applicant is requesting to annex into the city.
K: REPORTSI20031PCREPORTSI0/-/3UNX03-0/_ANDERSONDOC
.-
Public Comment: Staff has received a copy of an e-mail from an adjacent property owner to the
applicant's representative. The e-mail indicates there may be a discrepancy in the legal description
provided for this application. The discrepancy results in the subject property being slightly smaller
than originally thought.
Related Issues: When property is annexed into the City, it is annexed as A-1 Agricultural. If the
annexation is recommended for approval to City Council, the applicant would like to rezone the
property to R-1, Low Density Residential. The rezoning, RZN 03-4 (Anderson) is an accompanying
item to this annexation request.
The proposed rezoning could result in 228 units (57.01 acres x 4 du/acre). Using 2.21 persons per
occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 504
persons. Using Trip Generation rates, the average weekday two-way volume is 2,182. The Saturday
two-way volume is 2,301. George Anderson and Zion are both designated as Collectors on the
Master Street Plan. A collector is designed for 4,000 vehicles per day, or 6,000 vehicles per day with
a left turn bay.
On March 19, 2002, with Resolution No. 50-02, the Fayetteville City Council adopted an annexation
policy as part of General Plan 2020-2001 Revision. The annexation policy is to be used as a guide
when evaluating annexation requests. The policy is used to make findings on this request.
Recommendation: Staff is recommending approval of the requested annexation. The property has
access to utilities and can adequately be served by the city.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Vacant, A icultural
No zoning —coup
South
Vacant, A icultural
ly
No zonin — coun ty
East
Vacant, Agricultural, Residential
No zonin - county
West
Vacant, Agricultural I
R- I, Low Density Residential
INFRASTRUCTURE:
Streets: North: Albright Rd.
South: Zion Rd. (Collector)
East: George Anderson Rd. (Collector)
West: Copper Creek Drive
Water: Water line runs along the south side of the property.
Sewer: Sewer located to the west of the subject property.
LAND USE PLAN: General Plan 2020 designates this site as residential.
K: IkEPOR7S120031 PCREPOR7S101-131 AA;Y03-0 /_ANDERSOADOC
.--
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
BOUNDARIES
II .6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: The proposed annexation does not create an island or peninsula.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation is adjacent to the city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: The property is not yet developed but is owned by one property owner. One
piece of property is missing in order to create a solid square -like piece for
annexation.
11.6.d Boundaries for annexed areas should follow natural corridors.
Finding: The boundaries for the annexation following existing property lines.
11.6.e Timing of services within annexation areas should be considered.
Finding: Utilities and public services can adequately be provided to this location at this
time.
ENVIRONMENTALLY SENSITIVE AREAS
11.6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: The property, at this time, is not considered to be environmentally sensitive.
EMERGENCY AND PUBLIC SERVICES
1 1.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: Engineering Division: The proposed rezoning is located on the west side of
George Anderson Road and on the north side of Zion Road. At this location
George Anderson Rd. and Zion Rd. are both two lane gravel roads. Zion Rd. is
K IREPOR7SO0031PCREPOR73101-131ANX03-07 ANDERSONDOC
paved from Hwy. 265 to the southwest corner of this property.
The proposed rezoning from A-1 to R-.1 may or may not result in additional
traffic danger and congestion for this area. The access to the developed site and
the circulation network within the development shall be reviewed in detail as
part of the subdivision or large scale development process. The layout,
connectivity, circulation plan, ingress and egress provisions will be reviewed in
detail as information becomes available.
The site has access to an existing 8" water line and 8" sewer line that is located
in the adjacent Copper Creek Subdivision. There is also a 12" water main along
Zion Road.
The proposed rezoning and ultimate development may or may not increase the
loading on the existing infrastructure systems. During the development's review
and approval process, the adequacy of the existing infrastructure to
accommodate the service requirements will be assessed by the developer's
consultant and reviewed by city staff. Any inadequacies, lack of availability,
need for improvements and determination of responsibility for the
infrastructure improvements shall be resolved during the development's
review/approval process.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire Department: The response time is six to eight minutes and fire hydrants will
be needed.
11.6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: The annexation and the rezoning of the subject property to R-1, Low Density
Residential could result in approximately 228 residential units.
Police Department: The Police Department does not have an objection to this
rezoning and annexation; however we must keep in mind as the city annexes
more and more land, the Police Department's patrol responsibilities increase.
As the city grows in area, officers' crime deterrent patrols decreases simply due
to the fact there is more area to cover.
INFRASTRUCTURE AND UTILITIES
11.6.j Areas currently served by utilities and other public services should be annexed.
Finding: The site has access to an existing 8" water line and 8" sewer line that is located
K: I REPORTSI20031PCREPORTSI01-/3W NX03-0/_ANDERSOADOC
in the adjacent Copper Creek Subdivision. There is also a 12" water main along
Zion Road.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: The annexation does not appear to require an upgrading of utilities.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
11.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned A-1, Agricultural. The applicant is
requesting to rezone to R-1, Low Density Residential in accompanying item
RZN03-04 (Anderson).
11.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Public Works Department, Fire Department and
Police Department to study this annexation request to determine if facilities and
services are available to serve this request. Responses to this request have been
received and are included as part of this report.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: The development of the subject property will be required to go through the
development review process.
K: V?EPORTSI20031 PCREPORTSI0/-!3 LI NX03-0l-AVDERSOADOC
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display ad have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: Staff finds that this request is of acceptable size.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: N/A
K:IRF.PORTSI20031PCREPOR73101-131ANX03-01 ANDERSONDOC
Trip Generation
Anderson
Summary of Trip Generation Calculation
For 228 Dwelling Units of Single Family Detached Housing
January 06, 2003
Average
Rate
Standard
Deviation
Adjustment
Factor
Driveway
Volume
Avg. Weekday 2 -Way Volume
9.57
3.69
1.00
2182
7-9 AM Peak Hour Enter
7-9 AM Peak Hour Exit
7-9 AM Peak Hour Total
0.19
0.56
0.75
0.00
0.00
0.90
1.00
1.00
1.00
43
128
171
4-6 PM Peak Hour Enter
4-6 PM Peak Hour Exit
4-6 PM Peak Hour Total
0.65
0.36
1.01
0.00
0.00
1.05
1.00
1.00
1.00
148
82
230
Saturday 2 -Way Volume
10.09
3.67
1.00
2301
Saturday Peak Hour Enter
Saturday Peak Hour Exit
Saturday Peak Hour Total
0.51
0.43
0.94
0.00
0.00
0.99
1.00
1.00
1.00
116
98
214
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
K: I RE PORTS110031 PCREPORTS101-131 ANX03-01 _ANDERSOhDOC
• • • g�W/%LQ`y
FAYETTEVILLE PC Meeting of
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Tim Conklin, Interim Community Planning and Engineering Services Director
DATE: February 3, 2003
SUBJECT: ANX03-01
ADDITIONAL INFORMATION
Staff has provided the following additional information as requested by the City Council:
• AHTD 2001 Traffic Count Map
• City of Fayetteville Traffic Counts Friday, January 31, 2003
• Analysis of Developed and Undeveloped Land by Zone
3uuu x AVER N K
I.
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C
CITY OF FAYETEVILLE
TRAFFIC DIVISION 575.8228
02-03-2003 Volume by Lane Report - D0131001.PRN
---------- --- ----...-•----•--......-------------
Sta: 236000000000 Id: 013103A00000 CId: 01
Start: Fri - Jan 31, 2003 at 00:00
City/Town: FAYETTEVILLE
Location: NB CROSSOVER SOOTS OF HEARTHSTONE
Ln1-North
.......................
Fri - Jan 31, 2003
08:46 Pg 1
Fat: 000 - Imperial lot: 60 min.
End: Sat - Feb 01, 2003 at 24:00
County: WASHINGTON
File: D0131001.PRN
Lane
-------------
1
-----
Total
01:00
69
69
02:00
45
45
03:00
30
30
04:00
43
43
05:00
62
62
06:00
215
215
07:00
452
452
08:00
753
753
09:00
532
532
10:00
415
415
11:00
461
461
12:00
508
508
13:00
614
614
14:00
582
582
15:00
641
641
16:00
707
707
17:00
712
712
18:00
773
773
19:00
520
520
20:00
366
366
21:00
269
269
22:00
240
240
23:00
185
185
24:00
--------------
164
------
164
------
Daily Totals 9358 9358
Percentages 100.00
----------------------------------------------------------------------------------------------------•-.........------.........-----
CITY OF FAYETEVILLR
TRAFFIC DIVISION 575-8229
02-03-2003 Volume by Lane Report - D0131001.PRN 08:46 Pg 2
.......--- ---------------------------------------------------------------------------------------------------
Sta: 236000000000 Id: 013103A00000 CId: 01 Fmt: 000 - Imperial H Int: 60 Kin.
Start: Fri - Jan 31, 2003 at 00:00 End: Sat:. Feb 01, 2003 at 24:00
City/Torn: FAYETTEVILLE County: WASHINGTON
Location: NB CROSSOVER SOUTH OF HEARTHSTONE File: D0131001.PRN
Lnl-Nortb
...................................................M -----------
Station Data Summary
--------------------
Lane 1 Total
..........................
Grand Totals 9358 9358
Percentages 100.00
------------------------------------------------------------------------------------------------
Am/Pm Peak Hour Totals
----------------------
Lane
1
Total
..............
Am Hour 7-8
......
753
......
753
Percentages
8.05
8.05
Pm Hour 17.18
773
773
Percentages 8.26 8.26
• • •
CITY OF FAYETEVILLE
TRAFFIC DIVISION 575-8228
02-03-2003 Volume by Lane Report - D0131002.PRN
--------•------------------•----...-.-.-....
Sta: 242100000000 Id: 013103800000 CId: 01
Start: Fri - Jan 31, 2003 at 00:00
City/Town: FAYETTEVILLE
Location: SB CROSSOVER SOUTH OF HEARTHSTONE
Lnl-South
-•................................................
Fri - Jan 31, 2003
08:49 Pg 1
.................
Fmt: 000 - Imperial Int: 60 Min.
End: Sat - Feb 01, 2003 at 24:00
County: WASHINGTON
File: D0131002.PRN
Lane
1
01:00
55
02:00
25
03:00
35
04:00
24
05:00
107
06:00
172
07:00
379
08:00
642
09:00
534
10:00
468
11:00
484
12:00
606
13:00
592
14:00
588
15:00
674
16:00
730
17:00
806
18:00
860
19:00
608
20:00
312
21:00
241
22:00
175
23:00
189
24:00
105
Daily Totals
9411
Percentages
100.00
----------------
------------------------------
Total
55
25
35
24
107
172
379
642
534
468
484
606
592
588
674
730
806
860
608
312
241
175
189
105
9411
CITY OF FAYBTBVILLH
TRAFFIC DIVISION 575-8228
02-03-2003 Volume by Lane Report - D0131002.PRN
..................... -------------------------••--------------
Sta: 242100000000 . Id: 013103B00000 CId: 01
Start: Fri - Jan 3T, 2003 at 00:00
City/Town: FAYETTEVILLE
Location: SB CROSSOVER SOUTH OF HEARTHSTONE
Lnl-South
------------••• ----•------ ....-•------------
Lane
1 Total
Station Data Summary
-•--•---------------
08:49 Pg 2
Fat: 000 - Imperial lot: 60 Min.
End: Sat - Feb 01, 2003 at 24:00
County: WASHINGTON
File: D0131002.PRN
------------ - ......
Grand Totals 9411 9411
Percentages 100.00
...-•-------------------------------------------------•---........-----------------•----............ ----
Am/Pm Peak Hour Totals
----------------------
Lane
1
Total
--------------
Am flour 7-8
------
642
------
642
Percentages
6.82
6.82
PD Hour 17-18
860
860
Percentages
9.14
9.14
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