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
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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
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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
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Re: Annexations
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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