HomeMy WebLinkAboutOrdinance 4518 ORDINANCE NO. 4518
AN ORDINANCE CONFIRMING THE ANNEXATION
TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF
1 .08 ACRES LOCATED NORTH OF MT. COMFORT
ROAD AND WEST OF RUPPLE ROAD OWNED BY
CAROL STEPHENS.
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.
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pY E T j(PASSED AND APPROVED this the 7`h day of October, 2003 . o s
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APPROVED: '' �
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By: w
Dan Coody, Mayor
ATTEST:
By: GfILHrClX-/
Sondra Smith, City Clerk
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 10/24/20000a T09 : 1 REL
Recorded : 10/24/2ace at 09 : 15 : 01 Ah
Fee Amt :Mashlnoto$lcouetP .Pace of 2
Bette stamps circuit Clerk
F11e2003-00055993
EXHIBIT "A"
ANX 03-04.00
A PART OF THE FRACTIONAL N %z OF SECTION 1 , TOWNSHIP 16 NORTH,
RANGE 31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF THE SW %4 OF SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S03003 '28"W 882.42 FEET TO
A FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87°07' 129E
191 .63 FEET, THENCE S03001157"W 244.64 FEET; THENCE N87°07 ' 12"W 192.31
FEET; THENCE NO3° I1 '30"E 244.64 FEET, TO THE POINT OF BEGINNING,
CONTAINING 46,964 SQUARE FEET OR 1 .08 ACRES, MORE OR LESS, AND
BEING SUBJECT TO THE RIGHT OF WAY OF MT. COMFORT ROAD ALONG
THE SOUTH SIDE THEREOF AND ANY EASEMENTS, COVENANTS OR
RETSRICTIONS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
10/24/2003 09: 15:01 AM
and recorded in Real Estate
File Number 2003-00055993
Bette
Stamps Circuit Clerk
b�/
NAME OF FILE : Ordinance No. 4518
CROSS REFERENCE:
Item # Date Document
1 09/16/03 Staff Review w/attachments:
draft ordinance
memo to mayor & city council
memo to mayor & city council
memo to planning commission
copy of Close Up View
copy of One Mile View
2 10/13/03 copy of memo to Dawn Warrick
3 10/17/03 Affidavit of Publication
4 10/24/03 email & message re: annexation
NOTES :
10/24/2003 filed with the Washington County Circuit Clerk
Q � � "AS, �,iS (3 (y
Clarice Pearman - FYI on Coger/Shilo phens Annexation Page 1
From: Renee Thomas
To: Warrick, Dawn
Date: 10/24/03 1 :07PM
Subject: FYI on Coger/Shiloh/Stephens Annexation
Just to keep you up to speed on this, the Order of Annexation was never amended through the County
reflecting the Carole Stephens acreage apart from the Shiloh Comm. Church acreage. Shirley,
assumably Judge Hunton's secretary, was going to check with him to find out what procedure needed to
be followed to get the correct legal in the order and if everything with the original order and then already
once later revised order, is legal. I asked her to work it out with Geoff Bates and then to let me know if the
city needed to do anything else so we can get this published.
Thanks,
Renee
Renee Thomas
City of Fayetteville
Planning Division
113 W. Mountain
Fayetteville, AR 72701
(479) 575-8268
rthomas@ci.fayetteville.ar. us
CC: Pearman, Clarice; Smith, Sondra
MESSAGE
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SC5805
NORTH#JEST ARKANSAYAEDITION
Arkansas Democrat (fiazette
RECEIVED
OCT 2 2 2003
TTEVILLE
AFFIDAVIT OF PUBLICATIOIVc coax OFFICE
do solemnly swear that I am
Leghl Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
ULOL )(W ILL 518 was inserted in the regular editions on
PO#
** Publication Charge : $ • �
Subscribed and sworn to before me this
day of Oc } Dber 92003.
-_ ORDINANCE NO. 4618 H
p �19 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, OF1 .09 ACRES
iv�wvl. �f1,�N✓7//a'Dl/A LOCATED NORTH OF ML COMFORT ROAD AND WEST OF
Notary PUbIIC RUFFLE ROAD OWNED BY CAROL STEPHEN.. ./
BE IT ORDAINED By THE CITY COUNCIL OF THE CT' � of Feyett6 Ale
(� ) OF FAYBTTEVILLE, ARKANSAS:
My Commission Expires: Secton 1. That the City Coundl hereby confimrs the ante at on to the City of FeyeteMie. Arkansas, of
that property described N Exhiblt 'A' effectual hereto and made a Part hereof.
Section 2. That the of iipal map of the City of Fayetteville, Arkansas, k hereby amended to reflect the
charge Provided In Section 1 above.
Section 3. That Ne official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign
** Please do not pay from Affidavit. the zoning designation of R-A, Residents] Agricultural to the subject Property.,
An invoice will be sent. Section 4. That the 2hove-described Property is hereby assigned to Ware No. Four.
PASSED AND APPROVED this the TN d" of OetoOer, 4003.
APPROVED:
By:
Can Candy, Mayor
ATTEST:
=Publ
al Sandhi Smith, CRY Clark
L ARGO e(HIBIT 'A"
rkansstSANxaH-0400
COUNTY A PART OF THE FRACTIONAL N 1/4 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, OF
e9 07-25 ZO13 THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF SECTION 31 , TOWNSHIP 17
NORTH, RANGE 30 WEST, THENCE 503003'28"07 682.42 FEET TO A FOUND IRON PIN, AND THE
POINT OF BEGINNING: THENCE S87*07'12"E 191 .63 FEET, THENCE 503"01'5707 244.64 FEET;
THENCE 1467607'12"W 192.31 FEET: THENCE NO3-11'30"E 244.64 FEET. TO THE POINT OF
BEGINNING, CONTAINING 46,964 SQUARE FEET OR 1 .08 ACRES, MORE OR LESS, AND BEING
SUBJECT TO THE RIGHT OF WAY OF MT. COMFORT ROAD ALONG THE SOUTH SIDE THEREOF
AND ANY EASEMENTS, COVENANTS OR RETSRICTIONS OF RECORD OR FACT.
212 NORTHEAST AVENUE • P.O. BOX 1607 • FAYETTL-vt u-.,-nnrwNoma-/L/ Uz • -put ) 41 +z-1 (UU
STAFFOVIEW FORM - NON-FINANCIAL AGATION 1& 3
CSR ()
/ c,
X AGENDA REQUEST
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 03-04.00 was submitted by Geoff Bates of Keystone Consultants on behalf of Carol Stephens for
property located at 4270 Mt. Comfort Road. The property is in the county and contains approximately 1 .08
acres. The request is to be annexed into the City of Fayetteville.
STAFF RECOMMENDATION:
Staff recommends approval.
Received in Mayor's Office O a17 /9
Division Head Da Date fit—
City Attorn y Date
Cross Reference:
Department Director Date
Previous Ord/Res#:
mance & Internal Services Dir. Date Orig. Contract Date:
Orig. Contract Number:
Chief ministrativ Officer Date
New Item: Yes No
Mayor Date
ORDINANCE NO.
AN ORDINANCE CONFIRMING THE ANNEXATION
TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF
1 .08 ACRES LOCATED NORTH OF MT. COMFORT
ROAD AND WEST OF RUPPLE ROAD OWNED BY
CAROL STEPHENS.
BE IT ORDAINED BY THE CITY COUNCIL O T�F3E CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council hereby confirmthe ann xation to the City
of Fayetteville, Arkansas, of that property described in Exlu%b' "A" a a hed hereto and
made a part hereof.
Section 2. That the official map o he City Fayetteville, Arkansas, is
hereby amended to reflect the change provided in Se ion I, above.
Section 3 . That the official zoning map of the ity o`fl'Fayetteville, Arkansas
is hereby amended to assign the zonin designation of R-A ) sidential Agricultural to
the subject property. °
Section 4. That the above-de bed property is hereby assigned to Ward No.
four.
PASSED A D APPRO 15 his® day of 52003 .
APPROVED:
1141
By:
Dan Coody, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
ANX 03-04.00
A PART OF THE FRACTIONAL N '/Y OF SECTION 1 , TOWNSHIP 16 NORTH,
RANGE 31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF THE SW '/4 OF SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S03003128"W 882.42 FEET TO
A FOUND IRON PIN, AND THE POINT OF BEGINNING; THC��F S87°07' 12"E
191 .63 FEET, THENCE S03001157"W 244.64 FEET; THENC4N87007' 12"W 192.31
FEET; THENCE NO3011 ' 30"E 244.64 FEET, TO THE P@01& OF BEGINNING,
CONTAINING 46,964 SQUARE FEET OR 1 .08 ACRES O : OR LESS, AND
BEING SUBJECT TO THE RIGHT OF WAY OF M OMFORTWIROAD ALONG
THE SOUTH SIDE THEREOF AND ANY E -SE NTS, COV ITS OR
RETSRICTIONS OF RECORD OR FACT.
t
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 Administrator
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 26, 2003
ANX 03-04.00: Annexation (Stephens, pp 321) was submitted by Geoffrey Bates, P.E. of Keystone Consultants,
Inc. on behalf of Carol Stephens for property located at 4270 Mt. Comfort Road. The property is in the county and
contains approximately 1 .08 acres. The request is to be annexed into the City of Fayetteville.
BACKGROUND:
Property description: The subject property is located between two tracts which area also petitioning for annexation
at this time. There is one duplex currently located on this 1 .08 acre site.
Proposal: No further development is proposed at this time.
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. Any future 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. The existing duplex will be able to eliminate
the need for a septic system once surrounding development brings sanitary sewer into the area.
CURRENT STATUS:
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. This property was the island which was not included in the original annexation requests for the
companion items. The property owner was approached and agreed to annex in order for the group of properties to
be more consistent with the City's annexation policy.
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):
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 this property shall be connected to the city's
sanitary sewer system.
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 Administrator
aw
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 26, 2003
ANX 03-04.00: Annexation (Stephens, pp 321) was submitted by Geoffrey Bates, P.E. of Keystone Consultants,
Inc. on behalf of Carol Stephens for property located at 4270 Mt. Comfort Road. The property is in the county and
contains approximately 1 .08 acres. The request is to be annexed into the City of Fayetteville.
BACKGROUND:
Property description: The subject property is located between two tracts which area also petitioning for annexation
at this time. There is one duplex currently located on this 1 .08 acre site.
Proposal: No further development is proposed at this time.
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. Any future 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. The existing duplex will be able to eliminate
the need for a septic system once surrounding development brings sanitary sewer into the area.
CURRENT STATUS:
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. This property was the island which was not included in the original annexation requests for the
companion items. The property owner was approached and agreed to annex in order for the group of properties to
be more consistent with the City's annexation policy.
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):
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 this property shall be connected to the city's
sanitary sewer system.
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 03-04.00: Annexation (Stephens, pp 321) was submitted by Geoffrey Bates, P.E. of
Keystone Consultants, Inc. on behalf of Carol Stephens for property located at 4270 Mt. Comfort
Road. The property is in the county and contains approximately 1 .08 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 this property shall be
connected to the city's sanitary sewer system.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: August 25, 2003
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 16, 2003 (0 reading if recommended)
K:Reporu110031PC REPOR75108-151anx03-4_sephens.doc