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HomeMy WebLinkAboutOrdinance 4482 ORDINANCE NO. 4482 AN ORDINANCE ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND CONTAINING APPROXIMATELY 0.57 ACRES LOCATED AT THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE. 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. 4. PASSED and APPROVED this the 6`h day of May, 2003 . APPROVED: J 3 h By: �• DAN COODY, ayor ATTEST: By: &ol /wlti Sondra Smith, City Clerk ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIulllllllllllllllllllllllllllllllllllllllll Recorded : 05/%9120030atT02 : 34 : 49 PM Fee Amt : $11 . 00 Paoe 1 of 2 Nashlnoton County . AR Bette 3tamos circuit Clerk F13e2003-00027523 EXHIBIT "A" ANX 03-2.00 A PART OF THE NORTHWEST QUARTER (NWl /4) OF THE SOUTHWEST QUARTER (SWI /4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N89°28 '27"E ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 287.81 FEET TO A SET IRON ON THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE 540; THENCE LEAVING THE NORTH LINE OF SAID 40 ACRE TRACT ALONG SAID NORTHWESTERLY RIGHT-OF- WAY S50054'00"W 159.33 FEET TO AN EXISTING ALUMINUM RIGHT-OF-WAY MONUMENT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S78°38 '00"W 165 .96 FEET TO A SET IRON ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE N00°38 ' 17"W 130.56 FEET TO THE POINT OF BEGINNING, CONTAINING 0.57 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 05/19/2003 02:34:49 PM and recorded in Real Estate File Number 2003-00027523 Bette tamps - Circuit Clerk b FROM ( SAT ) OLT10 1b0 3� S 4 33 /No. 6816796 193 P 2 Sandra L. hochstetter �• ARKANSAS Eb Arr �, C,U,�1pg Chairman PUBLIC SERVICE COMMISSION 8 U/� 2a� (501 ) 682.1455 TAX DIVISION Daryl E. Bassett 1000 Center Street OO�j Commissioner P.O. Box 8021 (501) 662-1453 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501 ) 682.6043 Sarah M Bradshaw Randy Bynum E-mail: taxo2psc.statear.us Director Commissioner (501 ) 682.1231 (501) 882-1451 - 1 October 28, 2004 ':E Q n cm rri In Z z C $ yr r, z .o ~ Ms. Shirley Brown ; o -;cw =1 Washington County Deputy Clerk z m 280 North College Avenue, Suite 300 5 rn 0 3 d Fayetteville, AR 72701 n 0 o m Re: Annexations v Dear Ms. Brown, This is to acknowledge receipt of annexation(s) Case No. CC-2002-20. The information has been forwarded to the appropriate utilities. Sincerely, O CVs Kathy Onhes Executive Secretary FROM (SAT ) OCT 30 2004 10 : 34 /ST . 10 : 33 /No . 6816796193 P 1 WASHINGTON COUNTY rAREt1 CONES STATE OF ARKANSAS COMM AM WASHINGTON COUNTY COURTHOUSE 280 N. COLLEGE AVENUE, SUITE 300 FAYETTEVILLE, AR 72701 TELEPHONE: (479) 4441711 FAX: (479) 4441894 DATE: / o - 3 O - O y- TO: UAN/C-Q-_ FAX# : - / °1 S FROM: c`� 4 aA-8�n FAX#: 479-444- 1894 Number of pages (including cover page): COMMENTS: 0 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: Findings from various service providers within the city are as follows: Engineering - The proposed rezoning is located at the northeast corner of Mt. Comfort Road and Shiloh Drive. Mt. Comfort is classified as a Minor Arterial and Shiloh Drive is a Collector Street. The proposed rezoning to C-1 may or may not result in additional traffic danger and congestion for this area. 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. Fire — Fire station #2 to this location is 2.2 miles with a 3 minute 44 second response time. Water supply for fire protection will be required for new development. Police — We do not believe there will be any adverse effects to public safety should these properties be rezoned as requested. We also have no objection to ANX 03-2.00, INFRASTRUCTURE AND UTILITIES 11 .6.j Areas currently served by utilities and other public services should be annexed. Finding: The subject property has access to existing utilities which serve new commercial development to the north as well as residential development to the west. 11 .61 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: Existing utilities are of adequate size ' to accommodate development of the proposed annexation area. 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. K.IREPORM003PC REPORTS104-I4WNX03-1 HILLIAMS.DOC 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 this property as well as the parcel to the west C-1 , Neighborhood Commercial in order to develop a gas station and convenience store. 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. 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. This site is located within the Design Overlay District. Regardless of the size tract being developed, a large scale development plan is required for any nonresidential development per §161.21(F): "F. All nonresidential development within the design overlay district shall be reviewed through the large scale development procedure and shall meet all those requirements regulating large scale developments regardless ofthe size of the tract. " 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 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. K:V?EPOR7S110031PC REPOR7S104-I414NX03-1 H7LLIAMS.DOC Finding: In this specific instance all surrounding property is already located within the City limits. A larger annexation area is not possible. 11 .6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K:VtEPORM0031PC REPOR75104-14WNX03-2 KYLLIAMS.DOC i f NAME OF FILE: Ord. No. 4482 CROSS REFERENCE: Item # Date Document 1 05/06/03 jOrd. No. 4482 2 03/22/03 Istaff Review Form w/attachments: draft ordinance memo to mayor/city council memo to planning commission copy of One Mile View copy of Order of Annexation copy of planning commission minutes re: ANX03-2.00 3 05/12/03 memo to Dawn Warrick 4 05/15/03 Affidavit of Publication NOTES: 5/19/2003 Filed @ Wash . Co. Courthouse NORTI#VEST ARKANSA6 EDITION Arkansas Demomt 19 (f)azette AFFIDAVIT - OF PUBLICATION I , do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ndy 1040 o was inserted in the regular editions on ** Publication Charge : $ /0�/ A? Subscribed and sworn to before me this / `J day of 2003. Notary Publi ORDINANCE NO. 4482 My Commission Expires: AN ORDINANCE ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISIAND COMAINING APPROXIMATELY 0.57 ACRES LO(:ATEDATTHENORTHEASTL' CORNER OF MT COMFORT FIORD AND SHILOH DRIVE. rr rPleasedleo I BE R ORDAINED BY THE CITY COUNCIL OF THE CRY OF � _of Fayetteville �y1rom Affi vit. FAYETTEALLE, ARKANSAS: `S Section 1. That the City CourrA hereby confvmv the annexation to the City of Faye"ev9le, Arkansas, of (1that Property described h E#nibit 'A' eltachOd hereto entl mace a part hereoft eOV� 20�10 sett ded i T�[1�cial �of the City of Feyette0tra AMarv5as, is hereby emended to reflect the cha ge Section 3. Thal the official zoning map of the Gty of Fayette+W, Arkansas k hereby amended to assign the zoni g designation of A-1, AWIDLAural to the subject propertySection 4. That the above-deslbed property is hereby assigned to Ward No. 4. PASSED od APPROVED th's the 8th day of May. 2003. r APPROVED: By DAN GOODY, Mayor ATTEST. By: Sandra Bmim. CAN Clark W11BR 'A' 9 243MAY ANX 03-2.00 9 u A PART OF HE NORTHWEST )WASTER 6)(IhW1/4) OF THE SOUTHWEST )WASTER jOF uFFAVErfEVI��E SECTION FML (5), TOWNSHIP SIXTEEN (167 NORTH, RANGE THIRTY (00) WEST BEINGING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THETE SURVEY CORNER OF SAID 40 G Y �p�s`•�FFIr+E . ACRE TPACT, SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT, THENCE N- N89-28'27-E ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 287.81 FEET TO A SET IRON ON THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE 540; THENCE LEAVING THE NORTH UNE R OF SAID 40 ACRE TRACT ALONG SAID NORTHWESTERLY RIGHT-'OF-WAY S50a54'00'N 159.33 FEET TO AN EXISTING ALUMINUM RIGHT-OF-WAV MONUMENT; THENCE CONRNUING,ALONG SAID RIGHT-OF-WAV S78-35'0I 155.96 FEET TO A SET IRON ON THE WEST UNE OF-SAID 40 ACRE TRACT THENCE N00=38'171 130.56 FEET TO THE POINT. OF BEGINNING, CONjTAINING 0.57-ACRES, MORE OR LESS, WASHINGTON COUNTY, 4)$KANSAS. x� 212 NORTH EAST AVENUE P.O. BOX 1607 • FAYEi— Evil E—AHKAN5AS'72702 i� (501 ) 442-1700 FAYET T`EN &LE � THE CITY OF FAYETTEVIEEE, ARKANSAS C , DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: May 12, 2003 Re: Ordinance 4482 Attached hereto is a copy of the above ordinance passed by the City Council, May 6, 2003, confirming annexation of 0.57 acres located at the northeast comer of Mt. Comfort Road and Shiloh Drive. The original ordinance will be microfilmed and filed in the city clerk's office. This ordinance will also be filed at the circuit clerk's office at the Washington County Courthouse. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFFSAVIEW FORM - NON-FINANCIAL OILIGATION 51012-o03 X AGENDA REQUEST For the Fayetteville City Council Meeting of: May 6, 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION: ANX 03-2.00: Submitted by James Williams for property located at the northeast corner of Shiloh Drive and Mount Comfort Road. The property is currently an island containing approximately 0.57 acres which is surrounded by the City of Fayetteville and property owned by the University of Arkansas (across 1-540). The request is to annex into the City of Fayetteville. STAFF RECOMMENDATION: Approval q Received in Mayor's Office 111D 3 / DD? rision Head � Date Z City Attorn y ate � Cross Reference: Department Director Date Previous Ord/Res#: finance & Internal Services Dir. Date Orig. Contract Date: 00110W aM&ot� ` _ LL Orig. Contract.Number: Chief A inistrative O cer Date / New Item: Yes No A �/ D3 Mayor Date ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND CONTAINING APPROXIMATELY 0.57 ACRES LOCATED AT THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE. 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. 4. PASSED AND APPROVED this day of , 2003. APPROVED: By: Dan Coody, Mayor ATTEST: By: Sondra Smith, City Clerk • EXHIBIT "A" ANX 03-2.00 A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N89°28'27"E ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 287.81 FEET TO A SET IRON ON THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE 540; THENCE LEAVING THE NORTH LINE OF SAID 40 ACRE TRACT ALONG SAID NORTHWESTERLY RIGHT-OF- WAY S50°54'00"W 159.33 FEET TO AN EXISTING ALUMINUM RIGHT-OF-WAY MONUMENT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S78°38'00"W 165.96 FEET TO A SET IRON ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE N00°38'17"W 130.56 FEET TO THE POINT OF BEGINNING, CONTAINING 0.57 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. • CC Meeting of May 6, 2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, Zoning & Development Administrator, AICP THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: April 14, 2003 ANX 03-2.00: Annexation (Williams, pp 363) was submitted by James Williams for property located at the northeast comer of Mt. Comfort Road and Shiloh Drive. The property is currently an island containing approximately 0.57 acres which is surrounded by the City of Fayetteville and property owned by the University of Arkansas (across.I-540). The request is to annex the property into the City. BACKGROUND: Property Description: The subject property is located at the northwest corner of Shiloh Drive (outer road for I-540) and Porter Road/Mt. Comfort Road. This site is frequently the location of a fireworks stand in the summer due to its location surrounded by the City, but located within the county which permits the sale of fireworks at certain times of the year. Property to the north was recently developed for office usage. Other adjoining uses include the interstate to the east, residential to the west and office and residential to the south. This area is classified as Community Commercial on the Future Land Use map. The subject property is identified in the City's adopted annexation policy within the General Plan 2020 as an island which should be annexed. Proposal: The applicant proposes to develop the subject property with a gas station and convenience store. Connection to sewer services provided by the City of Fayetteville requires that the property be located within the corporate City limits. CURRENT STATUS: On April 14, 2003, the Planning voted 7-0-0 to forward this item to the City Council with a recommendation for approval. RECOMMENDATION: Staff recommends approval of the requested annexation. 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, Zoning & Development Administrator, AICP THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: April 14, 2003 ANX 03-2.00: Annexation (Williams, pp 363) was submitted by James Williams for property located at the northeast corner of Mt. Comfort Road and Shiloh Drive. The property is currently an island containing approximately 0.57 acres which is surrounded by the City of Fayetteville and property owned by the University of Arkansas (across I-540). The request is to annex the property 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 April 14, 2003 COUNCIL ACTION: Required YES O Approved O Denied May 6, 2003 (13t reading if recommended) Comments: BACKGROUND: Property Description: The subject property is located at the northwest comer of Shiloh Drive (outer road for I-540) and Porter Road/Mt. Comfort Road. This site is frequently the location of a fireworks stand in the summer due to its location surrounded by the City, but located within the K:IREPORT 1.2003bPC REPORM04-14t4NX03-2-07LLIAMS.DOC county which permits the sale of fireworks at certain times of the year. Property to the north was recently developed for office usage. Other adjoining uses include the interstate to the east, residential to the`west and office and residential to the south. This area is classified as Community Commercial on the Future Land Use map. The subject property is identified in the City's adopted annexation policy within the General Plan 2020 as an island which should be annexed. Proposal: The applicant proposes to develop the subject property with a gas station and convenience store. Connection to sewer services provided by the City of Fayetteville requires that the property be located within the corporate City limits. Request: The applicant is requesting that the subject property is annexed into the City of Fayetteville. SURROUNDING LAND USE AND ZONING INFRASTRUCTURE: The subject property is surrounded by Mt. Comfort Road on the south/southwest, Shiloh Drive on the east and I-540 on the south/southeast. All of these streets are classified as higher level streets on the Master Street Plan; Mt. Comfort Road as a minor arterial, Shiloh as a collector and I-540 as a freeway/expressway. Water and sewer services are available to serve a future development in this location. LAND USE PLAN: General Plan 2020 designates this site as University. The property was originally a part of the U of A Experimental Farm however after I-540 was built, this corner was sold off by the University. The Future Land Use map indicates all areas surrounding the subject property are to develop with Community Commercial uses. K: REPOR7S170031PC REPORTS104-14WNX03-2_WILLIAMS. DOC Direction Land Use Zoning North Residential / Office R-2, Medium Density Residential / C -1, Neighborhood Commercial South Residential / Mixed R-2, Medium Density Residential / R -O, Residential Office East I-540 / U of A Experimental Farm Outside City West Residential R-2, Medium Density Residential / R -I, Low Density Residential 0 0 FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will not create an island or peninsula. Annexatoin of the subject property will eliminate an existing island. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to the City Limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: N/A 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Boundaries include Mt. Comfort Road and I-540. Existing streets provide boundaries on three sides of the subject property which is a wedge shaped parcel. 11.6.e Timing of services within annexation areas should be considered. Finding: Services currently exist in the area of this annexation. Extension of services areas is not made necessary by this request. 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: N/A EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. K: tREPOR1SI10O\PC REPOR7SI04-14WNX03-1_WILLIAMS.DOC 0 0 ANX03-2.00 Close Up View 0 LID Overview I WILLIAMS 0 c -r Legend r Subject Property Boundsy ANX03-2.00 o_• Planning Area Master Street Plan �000a Overlay District ti Freeway/Expresswey •000_o Streets 4--- City Limits t4„A Principal Arterial '\_' Existing ] Outside City 4"*,,,► Minor Arterial y4i - ♦ - Collector Planned • ••• Historic Colbdor 0 75 150 300 450 600 Feet 0 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARITSAS 0 Fn P,D m CASE NO. CC- IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO. U.7OFW F FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS n m g 3 on),, ORDER OF ANNEXATION n m o 0 z cn o NOW ON THIS day of 2002, the Fetitionlor Annexation of Property Contiguous to the City of Fayetteville, of Mitchell Oil Company,. comes on for hearing; and the same is submitted to the Court upon said Petition, proof of publication of notice, the testimony before the Court, and other evidence presented; from all of which the Court finds: 1. That the Petition for Annexation of Property Contiguous to the City of u- :�� • �- u• •� ' ••� �: i. • II k.iii•) &'Atfl Washington• , 4:1 i filed with the Clerk of this Court. 3. That the Petitioner is the sole owner of the property to be annexed. 5. That the area to be annexed is part of the growth area of the City of Fayetteville, Arkansas, and the extension of the corporate boundaries is a realization of the natural growth of the City of Fayetteville. 6. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville, Arkansas. 7. That the City Council of the City of Fayetteville, Arkansas, shall, 8. That the legal description of the lands to be annexed is that property situate in Washington County, Arkansas, to -wit: Part of the Northeast Quarter (NE '/.) of the Southeast Quarter (SE.'/.) of Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at the Northeast corner of said 40 acre tract, and running thence South 00 degrees 12'44" East, 130.64 feet; thence South 79 degrees 04' West 7.77 feet to a point on the East right-of-way line of Mt. Comfort Road; thence along said road right of way line for 201.64 feet along a curve to the left having a radius of 314.5 .feet, a delta angle of 36 degrees 48'47" and a leading tangent bearing ofNorth 29 degrees 50'26" West; thence East 155.15 feet to the point. of beginning, and containing 0.20 acres, more or less, subject to rights of way and easements, if any. AND: Part of the Northwest Quarter (NW '/.) of the Southwest Quarter (SW '/4) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Beginning at the Northwest comer of said 40 acre tract, thence North 89 degrees 23' East along the North line thereof a distance of 297.2 feet to a point on the Westerly proposed right-of-way line of U.S. Highway 71; thence South 50 degrees 54' West along said proposed right-of-way line a distance of 161.2 feet to a point; thence South 78 degrees 38' West along said proposed right-of-way line a distance of 173.8 feet to a point on the West line of the Northwest Quarter (NW ''/.) of the Southwest Quarter (SW '/.) of Section Five (5); thence North 00 degrees 43' West along said West line a distance of 132.7 feet to the point of beginning and containing 0.61 acres, more or less. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above described lands be, and hereby are, annexed to and hereby made apart of the City of Fayetteville, Washington County, Arkansas. Planning Commission • April 14, 2003 Page 24 ANX 03-2.00: Annexation (Williams, pp 363) was submitted by James Williams for property located at the northeast corner of Mt. Comfort Road and Shiloh Drive. The property is currently an island containing approximately 0.57 acres which is surrounded by the City of Fayetteville and property owned by the University of Arkansas (across I- 540). The request is to annex the property into the City. Hoover: Our next item on the agenda is ANX 03-2.00 for property at Mount Comfort Road and Shiloh Drive. Dawn, will you present this please? Warrick: Yes. The subject property is located at the northwest corner of Shiloh Drive and Porter Road, which turns the comer and becomes Mount Comfort Road at this location. The site is frequently the location of a fireworks stand in the summer due to its location. It is a unique location in that it is completely surrounded by the city but in the county therefore, having the ability to provide a location for a fireworks stand. The property to the north was recently developed for office usage. Other adjoining uses include I-540 to the east, there is a residential area to the west and there is office and residential mixed use to the south. The area is classified as community commercial on the Future Land Use Plan. This particular area is identified in the city's General Plan document under our annexation policy as an island which is desirable for annexation. Findings from various service providers in the city are located in your staff report on page 6.4 and we did receive information from Engineering, Fire and Police. None of those divisions voiced concern with regard to annexing this particular property. Utilities are available to serve the site upon development. The project site is also within the city's Design Overlay District and therefore, any development on the property will be seen by the Planning Commission as a Large Scale Development, regardless of the size. That is a condition of development within the Overlay District. There is an accompanying rezoning request which incorporates the subject property as well as the tract to the west. Staff is recommending in favor of this Annexation. Hoover: Thank you. Dawn, it is just an island? Warrick: It is an island basically. The reason that it is considered outside of the city is because it was the comer of the University of Arkansas Experimental Farm. When the interstate cut through that corner was left as a remnant on the west side and the rest of the University of Arkansas Experimental Farm is technically not considered within the city limits with regard to regulation because it is a state owned property. Therefore, it is not governed by the city. This was really just a remnant of that action when the interstate cut through. That is why it was considered basically as an island. Planning Commission • April 14, 2003 Page 25 Williams: My name is Jim Bob Williams and I am here to see if I can answer any questions that you have. Hoover: Thank you. Do we have any members of the audience that would like to address ANX 03-2.00 the corner of Mount Comfort Road and Shiloh Drive? Kneiss: My name is Ken Kneiss and I represent Farm Credit Services who will be the neighbor to the north. The only thing I wanted to ask and maybe I should've done it sooner, the traffic conditions certainly during the rush hour periods in the morning and in the evenings right now are pretty severe. I was curious if there was anyone on staff or someone that could address what was looked at from a traffic perspective in making this. I understand that it has already been through the various procedures and has the blessing of the city and I don't have a problem with that. I am concerned with the traffic issue because right now every morning and every evening like so many other places in town it is a pretty big issue. As you are headed west to join into Mount Comfort Road in the morning there are cars continually cheating if you will, and going around on the right hand side of the road. If you add a lot more traffic to it I just see that issue becoming a lot larger and I am just wondering if that has been addressed and if so what was the outcome. Hoover: Thank you. I think that we will be addressing that. Right now we are just looking at the Annexation to bring the property into the city at the moment. The next item is the Rezoning of the property so we will be looking at that too. Is there any other member of the audience that would like to address the Annexation? Seeing none, I will bring it back to the Commission. Shackelford: Even though I have very fond memories of early childhood buying firecrackers at this location and hate to see my fireworks stand go away, I will go ahead and make a motion that we approve ANX 03-2.00. Allen: I will second. Hoover: We have a motion from Commissioner Shackelford and a second from Commissioner Allen, is there any more discussion about the Annexation? Bunch: A question for the applicant and staff, we are showing in the Annexation request .57 acres and in the legal description we are showing a total of .81, is the discrepancy there right of way dedication? Warrick: There is some right of way that will be taken out of that. The discrepancy is actually there is a tract to the west that the applicant has purchased and Planning Commission • April 14, 2003 Page 26 it is also a part of the Rezoning request, which is your next item. It is approximately .2 acres and the applicant is proposing that it, as well as the subject. property, be rezoned from when the annexed property is annexed into the city it will be given a zoning designation of A-1. The property immediately to the west of it is also owned by this applicant is .2 acres and that is currently zoned R-2. Those two properties combined are what we will be looking at for the Rezoning request. That brings us up to .77 acres and the rest of it is a right of way issue. Bunch: The legal description that was given in the Annexation petition from the county actually included both pieces of property, the property that was already in the city and didn't need to be annexed? Warrick: I believe that they were making double sure that that property was already covered but I believe that was just an error in the Order of Annexation. It didn't need to incorporate that .2 acre piece of property, it already is incorporated in the city limits. Bunch: Thank you. Hoover: Is there any other discussion? Renee, will you call the roll? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 03-2.00 was approved by a vote of 7-0-0. Thomas: The motion carries seven to zero.