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HomeMy WebLinkAboutOrdinance 4517 ORDINANCE NO, 4517 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF 18 .38 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD OWNED BY JAMES COGER. 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. That 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 R-A, Residential Agricultural to the subject property. Section 4. That the above-described property is hereby assigned to Ward No. four. .t PY (E� T%' PASSED AND APPROVED the 7h day of October, 2003 . q Ile Iq �. APPROVED: r r By: MAI an Coody, Mayor c� �6T 0 N L40 o > m o ATTEST: c ' C ZZ: s By: ApAs&� A /►t t t�. — c ca By: Co Z o Sondra Smith, City Clerk nq M o C ,- rca M C± 37 S N DOC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Reeorded : 10/24/2003 at 09 . 15 . 11 AM Fee Amt : 811 . 00 Paoe 1 of 2 Bette oton County . AR F1102003-00055994 EXHIBIT "A" ANX 03-03.00 A PART OF THE FRACTIONAL NW1 /4 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF THE SWI/4 OF SAID SECTION 31 , THENCE S0300312811W 255 .42 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT OF LAND RECORDED AS DEED 2002101566; THENCE S03° 11 '30"W 831 .42 FEET TO AN IRON PIN FOUND ON THE NORTH RIGHT-OF- WAY LINE OF MOUNT COMFORT ROAD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE N87051 '54"W 514.65 FEET TO A FOUND IRON PIN; THENCE DEPARTING SAID NORTH RIGHT-OF- WAY LINE NO3006'36"E 1458.56 FEET TO A FOUND IRON PIN; THENCE N71057'36"E 552.65 FEET; THENCE S03°05'59"W 562.37 FEET TO THE POINT OF BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. • i 1 Washington County, AR I certify this instrument was filed on 10/24/2003 09: 15:11 AM and recorded in Real Estate File Number 2003-00055994 Bette Stamps ^- 9ircuit Clerk /v by NAME OF FILE: Ordinance No. 4517 CROSS REFERENCE: Item # Date Document 1 09/16/03 IStaff Review w/attachments: draft ordinance memo to mayor & city council memo to planning commission memo from fire marshall letter to Dawn Warrick copy of Close Up View copy of One Mile View copy of Coger Subdivision 2 10/13/03 copy of memo to Dawn Warrick 3 10/17/03 Affidavit of Publication 4 11/17/03 State of Arkansas letter to Co. Clerk NOTES : 10/24/2003 filed with the Washington County Circuit Clerk RECEIVED escssr Nov 2 0 2003 Mate of Arkansas CITY of FAY S OFFICE Secretary of State A �y 4QHANB�,6 Charlie Daniels Secretary of State November 17, 2003 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR. 7270 Dear Ms. Pritchard The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 11 / 17/2003 County: Washington City: Fayetteville Annexation: Ordinance No. - 4517 Co. Order No CC 2003-8 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 Room 266 state Capitol • Little Rock, Arkansas 72201.1094E 601.682.1010 • Fax 601682.3610 e-mall: som0aristoUe.net • www.sosweb.state.ar.us STAFAVIEW FORM - NON-FINANCIAL *IGATION 11116ld3 0 ,2/ / o / 7 / 03 x AGENDA REQUEST 545 / 7 For the Fayetteville City Council Meeting of: September 16, 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: ANX 03-03 .00 was submitted by Geoff Bates of Keystone Consultants on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The subject property is in the county and contains approximately 18.38 acres. The request is to be annexed into the City of Fayetteville. STAFF RECOMMENDATION : Staff recommends approval. A Ili a ,1 ",Cz 2 d Received in Mayor's Office DiVision Head �j Dat Date r� City Attorficy Date a -19-03 Cross Reference: Department Director Date Previous Ord/Res#: finance & Internal Services Dir. Date Orig. Contract Date: Z ) -O Orig. Contract Number: Chie inistrative Officer Date y New Item: Yes No O� Mayor Date �c o TL�1 ORDINANCE NO. AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF . 18.38 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD OWNED BY JAMES COGER. BE IT ORDAINED BY THE CITY COUNCIL OF T•HvE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby confirm a annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official map o/EeCilj� Fayetteville, Arkansas, is hereby amended to reflect the change provided rn Section0NtheCsity 1&ove. Section 3 . That the official zoning map oofiFayetteville, Arkansas is hereby amended to assign the zo�g designation R sidential Agricultural to the subject property. Section 4. That the above-described property is hereby assigned to Ward No. four. = O PASSED ANDA'P<PRO E& if its® + day of 2003 . APPROVED: By: - Dan Coody, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" ANX 03-03.00 A PART OF THE FRACTIONAL NWIA OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OFTHE SWI /4 OF SAID SECTION 31 , THENCE S0300312811W 255 .42FEETT TO AN IRON 0. PIN FOUND AT THE NORTHWEST CORN, EI� A TRACT OF LAND RECORDED AS DEED 2002101566; THENCE S03° 11 '30"W 831 .42 FEET TO AN IRON PIN FOUNDON�THE NO TH RIGHT-OF- WAY LINE OF MOUNT COMFORT ROAD; THENCE ,LONG SAID NORTH RIGHT-OF-WAY LINE 87°51 '54"W 514.65 EET TO A FOUND IRON PIN ; THENCE DEPARTINGSAID NORT RIGHT-OF- WAY LINE NO3°06'36"E 1458N FxEE, TOA FOUND IRON PIN; THENCE N71057'36"E 552.65 FEETTHENCE S03°05'59"W 562.37 FEET TO THE POINT OF BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS�OF�R GW OR FACT. FAYETTEVILLE CC Meeting of September 16, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick, AICP, Zoning & Development Administrato ug THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: August 26, 2003 ANX 03-03.00: Annexation (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The subject property is in the county and contains approximately 18.38 acres. The request is to be annexed into the City of Fayetteville. BACKGROUND: Property description: The subject property is vacant. The property is adjacent to the city limits along the eastern boundary where the Clabber Creek subdivision is under construction. The applicant in the past has submitted plans to develop this 18.38 acre tract into a single family residential subdivision within the county. Because the property immediately adjoins the city, all subdivision regulations are applied to development proposals. Proposal: The applicant proposes to develop a single family subdivision on the subject property. An associated request for RSF4 zoning has been submitted for consideration. Request: The request is to annex the subject property into the city of Fayetteville. Recommendation: With the installation of a new fire station on Rupple Road, a project which is in the design phase currently, and improvements to the street infrastructure in this area, staff is able to recommend that this property be annexed into the city. The applicant has also joined with adjacent property owners to coordinate annexation of three total properties in order to avoid creation of an island or peninsula configuration which can be problematic for service providers. Development on this site will be regulated by the city allowing for a more uniform and consistent development pattern making better use of city infrastructure. CURRENTSTATUS: On June 9, 2003, the Planning Commission tabled this item at the request of the applicant. Staff was not recommending in favor of the annexation at that time. Staffs recommendation was later amended to reflect changed conditions (inclusion of one additional property in the annexation request, progress on the development of a new fire station to serve the west side of Fayetteville, recommended improvements on Mt. Comfort Rd. and the Rupple Rd. intersection). On August 25, 2003, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval of the annexation with companion annexation and rezoning requests for this and adjoining properties. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested annexation based on the findings included in the attached staff report with the following condition(s): I . At the time of development of the subject property the developer shall verify that Mt. Comfort Rd. between this site and Rupple Rd. has a minimum paved width of 24'. 2. At the time of development of the subject property the developer shall verify that the intersection of Rupple Rd. and Mt. Comfort Rd. has drive lanes with a minimum width of 22' each — this refers to the `Y' of Rupple Rd. where it intersects Mt. Comfort Rd. 3. At the time that it becomes available, the existing duplex on the adjoining property (a companion request) shall be connected to the city's sanitary sewer system. • 0 FAYETTEVILLE PC Meeting of August 25, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: August 21 , 2003 ANX 03-03.00: Annexation (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple Road. The subject property is in the county and contains approximately 18.38 acres. The request is to be annexed into the City of Fayetteville. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): 1. At the time of development of the subject property the developer shall verify that Mt. Comfort Rd. between this site and Rupple Rd. has a minimum paved width of 24'. 2. At the time of development of the subject property the developer shall verify that the intersection of Rupple Rd. and Mt. Comfort Rd. has drive lanes with a minimum width of 22' each — this refers to the `Y' of Rupple Rd. where it intersects Mt. Comfort Rd. 3. At the time that it becomes available, the existing duplex on the adjacent property (a companion request) shall be connected to the city's sanitary sewer system. PLANNING COMMISSION ACTION: Required YES X Approved O Denied Date: August 25, 2003 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: September 16, 2003 0st reading if recommended) K.VtEPORTS120031PC REPOR7nO8-2519NX03-3 COGER REV.DOC BACKGROUND: Property description: The subject property is vacant. The property is adjacent to the city limits along the eastern boundary where the Clabber Creek subdivision is under construction. The applicant in the past has submitted plans to develop this 18.38 acre tract into a single family residential subdivision within the county. Because the property immediately adjoins the city, all subdivision regulations are applied to development proposals. Proposal: The applicant proposes to develop a single family subdivision on the subject property. An associated request for RSF-4 zoning has been submitted for consideration. Request: The request is to annex the subject property into the city of Fayetteville. Recommendation: With the installation of a new fire station on Rupple Road, a project which is in the design phase currently, and improvements to the street infrastructure in this area, staff is able to recommend that this property be annexed into the city. The applicant has also joined with adjacent property owners to coordinate annexation of three total properties in order to avoid creation of an island or peninsula configuration which can be problematic for service providers. Development on this site will be regulated by the city allowing for a more uniform and consistent development pattern making better use of city infrastructure. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant / Agricultural R- 1 , Low Density Residential South Sin le Family Residential R- 1 , Low Density Residential East Clabber Creek Phase II SFR R- 1 , Low Density Residential West Vacant County, No Designated Zoning INFRASTRUCTURE: Streets: Access and the only available street frontage is on Mt. Comfort Rd. along the south boundary of the site. Mt. Comfort Rd. in this location is classified a minor arterial on the master street plan. It is not built to that standard. If development occurs on this site, Mt. Comfort Road would need to be improved to a minimum of 14 'from centerline including pavement, curb and gutter, storm drains and sidewalk. Water: The property currently has access to a 4" and 8" waterline along Mt. Comfort Road. The Clabber Creek Phase II subdivision to the east also has 8" lines proposed. Sewer: Sewer is not currently available to this property. K:IREPORTS110031PC REPOR7S108-2514NX03-3 COGFJt REV.DOC - The nearest sewer main is located to the south of Mt. Comfort Road. This area of town has been identified as an area of concern for sewer service. The Hamestring Creek lift station is currently being upgraded to handle existing flows and any development proposed at the time of the study earlier this year. This upgrade should be completed this summer. Fire: The subject property is located 3 .4 miles from Fire Station #2. Normal driving time is 5 min. 9 seconds. Water supply will be necessary for this property to develop. LAND USE PLAN: General Plan 2020 designates this site as Residential. 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 with companion requests for Stephens and Shiloh Community Church will not create an island or peninsula. The configuration of this proposal is consistent with the City's adopted policy for annexations. 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: This area does not consist of defined subdivisions or neighborhoods, however development plans will include the extension of single family neighborhoods into this area with amenities such as a church. The duplex on the subject property will be incorporated into this new neighborhood as it develops. 11 .6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines or desired property. 11 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of just over 5 minutes for fire KIREPORTS120031PC REPORTS108-25NNX03-3 COGFR REV.DOC