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 .
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�. APPROVED:
r r By: MAI
an Coody, Mayor c�
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ATTEST:
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By: ApAs&� A /►t t t�. — c ca
By: Co Z o
Sondra Smith, City Clerk nq M
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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
