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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