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HomeMy WebLinkAboutOrdinance 4591Doc ID. 007554030003, Tvoe: REL Recorded: W8 01/2004 at 12:07:42 PM Fee rmt: $14.00 Pace 1 of 3 Washlnaton Countv. AR Bette Stamps Circuit Clerk ORDINANCE NO. 4591 FS1e2OO4-00032434 AN ORDINANCE CALLING FOR THE SIMULTANEOUS DETACHMENT OF ABOUT 10 ACRES OWNED BY CRAIG AND KARYN HARPER FROM THE CITY OF SPRINGDALE, ARKANSAS AND THE ANNEXATION OF THOSE LANDS INTO THE CITY OF FAYETTEVILLE WHEREAS, A.C.A. §1440-2101, Simultaneous Detachment and Annexation, provides that simultaneous detachment and annexation of lands can occur when the boundaries of two (2) municipalities are contiguous and adjoining one another, and one city desires to detach and the other city desires to annex the same parcel; and WHEREAS, the Harper property complies with the standards for lands qualifying for simultaneous detachment and annexation which are set forth in A.C.A. §14-40-2101; and WHEREAS, the City of Springdale Water and Wastewater Department has found it impractical for the City of Springdale to serve the Harper property with sanitary sewer service; and WHEREAS, the City Council of Springdale, Arkansas approved Resolution No. 91-03 on October 28, 2003, declaring that the City has no objection to the detachment of the Harper property from the City of Springdale; and WHEREAS, the necessary services of water and sewer are reasonably available to the Harper property or can reasonably be extended by the Harpers from the City of Fayetteville water and sewer mains; and WHEREAS, the Harper property is immediately adjacent and contiguous to lands under the same ownership that have previously been annexed into the City of Fayetteville from the County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares its desire to annex approximately 10 acres of land owned by Craig and Karyn Harper as described in Exhibit "A" if said land is detached from the City of Springdale. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby declares that if the City of Springdale concurs in the detachment and annexation of this land following the statutorily required public hearing, this property identified by Exhibit "A" shall be deemed annexed into the City of Fayetteville and assigned to Ward Three. PASSED and APPROVED this 20�h day of July, 2004. ;FAYETTEVILLE; 3 By: ATTEST: By: LIQ/uUU�- SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor EXHIBIT "A" ANX 04-1100 A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02039907"W - 18.94 FEET; THENCE S87°24'02"E 660.07 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A POINT FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD BEARS S0203415399W 19.29 FEET, THENCE S87024' 1277E - 658.24 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S02031' 12"W - 330.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT, THENCE N87024307"W - 658.59 FEET, THENCE N87024'24"W - 660.00 FEET TO AN EXISTING FENCE ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT, THENCE N02034107"E - 330.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 08/11/2004 12:07:42 PM and recorded in Real Estate File Number 2004-00032434 Bette stamps - Circyiit Clerk by _` RESOLUTION NO.2004. 6 8 — 0 4 A RESOLUTION CONCURRING WITH THE CITY OF FAYETTEVILLE'S ORDINANCE SIMULTANEOUSLY DETACHING CERTAIN LANDS OWNED BY CRAIG AND KARYN HARPER FROM THE CITY OF SPRINGDALE, ARKANSAS AND ANNEXING SAID LANDS INTO THE CITY OF FAYETTEVILLE, ARKANSAS PURSUANT TO ARKANSAS CODE ANN. 6 14-40-2101 WHEREAS, Craig Harper and Karyn Harper, husband and wife, of the City of Springdale, who own approximately 9.99 acres ("the Subject Property") located at Albright Road in the City of Springdale, contacted Springdale city officials late last year, making known their request and desire to utilize Arkansas law to simultaneously detach their property from the City of Springdale and have it annexed into the City of Fayetteville. Mr. and Mrs. Harper feel their request is justified because it is impractical for the City of Springdale to provide sanitary sewer services to this parcel, and they wish to develop their property; and WHEREAS, the Springdale Water and Wastewater Department at that time provided written confirmation that it is impractical for Springdale to serve the subject property with sanitary sewer; and the City Council passed Resolution No. 91-03 on October 28, 2003, stating it had no objection to this detachment and annexation; and WHEREAS, the City of Fayetteville passed Ordinance 4591 on July 20, 2004, which contained the legal description of the Subject Property, approving the simultaneous detachment of the Subject Property from the City of Springdale and annexation to the City of Fayetteville, in accordance with the requirements of A.C.A. § 14-40-2101; and WHEREAS, the City of Fayetteville has sewer service available to the subject property, to which Mr. and Mrs. Harper may readily connect if this simultaneous detachment and annexation is approved; and WHEREAS, the City of Springdale recognizes the operation of Arkansas Code Ann. § 14-40-2101 and has no objection to the detachment of the Subject Property, and has held a public hearing on the issue of detachment of this property from the City of Springdale and annexation into the City of Fayetteville on this date, which is within sixty (60) days of the passage of Ordinance No. 4591 by the Fayetteville City Council, and there were no objections thereto. NOW THEREFORE, be it hereby resolved as follows: (1) The City of Fayetteville passed Ordinance No. 4591 to simultaneously detach the Subject Property from Springdale and annex it into Fayetteville, after notice and public hearing in accordance with Arkansas Code Ann. § 14-40-2101; (2) The City of Springdale hereby concurs with the detachment of the Subject Property and has held on this date a public hearing on the issue of simultaneous detachment Page 1 of 2 Pages and annexation of the Subject Property from Springdale to Fayetteville, at which no objections were heard. Notice of such public hearing was published in accordance with state law. (3) The City Council of the City of Springdale has determined that concurrence with the City of Fayetteville's Ordinance No. 4591 is in accordance with the health, safety, welfare and quality of life of the citizens of Springdale, Arkansas, as directed by state law; (4) A plat of survey and the legal description of the Subject Property is attached hereto as Exhibit A, and is made a part hereof by reference; (5) A copy of Ordinance No. 4591 of the City of Fayetteville is attached hereto as Exhibit B, and is made a part hereof by reference. (6) A copy of this Resolution concurring with Ordinance No. 4591 passed by the City of Fayetteville, Arkansas on July 20, 2004 shall be provided forthwith to the City of Fayetteville for recording pursuant to state law. Said annexation and detachment shall become effective as set forth in A.C.A. § 14-40-2101. PASSED and APPROVED this day of 2004. APPROVED: 1 411 Mayor Jerre Van Hoose, City of Springdale �TTEST: Q/}'11dL Y 0/�ltCp Denise Pearce, City Clerk Page 2 of 2 Pages NAY-17-2004 NON 04:22 PI • FAX NO. • P. 09 RESOLUTION NO 91-03 A RESOLUTION RECOGNIZING THE REQUEST OF CRAIG AND KARYN HARPER OF THE CITY OF SPRINGDALE TO UTILIZE ARKANSAS CODE ANN. § 14-40-2101 TO HAVE THEIR PROPERTY SIMULTANEOUSLY DETACHED FROM THE CITY OF SPRINGDALE AND ANNEXED INTO THE CITY OF FAYETTEVILLE. WHEREAS, Craig Harper and Karyn Harper, husband and wife, of the City of Springdale, who own ten (10) acres ("the Subject Property") located at the comer of Albright .Lane and George Andersen Road in the City of Springdale, hive contacted city officials making known their request and desire to utilize Arkansas law to simultaneously detach their property from the City of Springdale and have it annexed into the City of Fayetteville. The Harpers feel their request is justified because the City of Springdale is unable to provide sanitary sewer services to this parcel; and WHEREAS, the Harpers are annexing a separate parcel ten (10) acres owned by them and situated in Washington County between the city boundaries of Springdale and Fayetteville into Fayetteville, that property being adjacent and contiguous to the Subject Property, and intend to develop or sell for development the Subject Property concurrent with the development of said separate ten (10) acres located in the County. Sanitary sewer service for residential development will be required; and WHEREAS, the Springdale Water and Wastewater Department has been contacted and it is impractical for the City of Springdale to serve the Subject Property with sanitary sewer, and they have no objection to its detachment; and WHEREAS, the City of Springdale has no objection to the detachment of the Subject Property and recognizes the operation of Arkansas Code Ann. § 14-40-2101, and understands its Obligations. under this law to hold a public hearing on the issue of detachment of this property from the City of Springdale and annexation into the City of Fayetteville within sixty (60) days of the passage of an Ordinance by the Fayetteville City Council containing the legal description of the properties to be detached and annexed. NOW THEREFORE, be it resolved that, by this Resolution, that if the City of Fayetteville proposes an ordinance to simultaneously detach the Subject Property from Springdale and annex it into Fayetteville, in accordance with Arkansas Code Ann. § 14-40-2101, the City of Springdale will concur with the detachment of the Subject Property and will hold a public hearing on the issue of simultaneous detachment and annexation of the Subject Property from Springdale to Fayetteville. Such a public hearing will provide a forum for the landowners be detached from the City of Springdale and annexed into the City of Fayetteville to make their desire and request known to the citizens of the City of Springdale, and for the citizens of Springdale to attend and have their opinions on the matter heard. Notice of such public hearing will be published in accordance with state lain. After such public hearing, the City, Council of the City of Springdale will take up the matter of adopting or rejecting the proposed Ordinance, in accordance with the health, safety, welfare and quality of fife of the citizens of Springdale. Arkansas, as directed by state law. PASSED and APPROVED this 29 day of October 2003. PROVED: Mayor 1e Van Hoose, City of Springdale ATTEST: �2mfnp� � nP� Denise Pearce, City Clerk LJ NAME OF FILE: Ordinance No. 4591 CROSS REFERENCE: a nft.e Document 1 07/20/04 Ord. No. 4591 w/Ex. A 2 07/02/04 memo to mayor & city council 3 draft ordinance 4 memo to Planning Commission 5 memo to Planning Commission 6 letter from police dept. 7 letter from Micki Harrington 6 copy of statutue § 14-40-2101 9 copy of Res. 91-03 10 copy of Close Up View 11 copy of One Mile View 12 copy of Planning Commission minutes 13 Staff Review Form 14 draft ordinance 15 memo to Dawn Warrick 16 Affidavit of Publication 17 Springdale Res. No. 68-04 R21n22 23 24 25 Klr%TFC• 0 2J2�> . '7/zo/ayp City Council Acing of July 20, 2004 4f S`J/ Agenda Item Number 1qA11 Oy_llt CITY COUNCIL AGENDA MEMO fwf'e-'A/l f>r44f 0tj To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: July 2, 2004 !^^ Subject: Annexation for Harper/Brandon (ANX 04-1100) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Harper/Brandon. This action will incorporate a 9.99 acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains to tracts of property equaling 9.99 acres. The property is currently a vacant field with one single family home located on the northeast comer of property. It is located south of Albright Road and west of George Anderson Rd within the City of Springdale. The property is adjacent to the Fayetteville City limits along its southern boundary where it abuts approximately 10 acres of property annexed and rezoned by the City Council on May 4, 2004. The applicant proposes simultaneous detachment of 9.99 acres from the City of Springdale and annexation of property into the City of Fayetteville. The applicant will submit this request to Springdale after consideration by Fayetteville City Council. A rezoning request has been submitted for this property. DISCUSSION On June 28, 2004, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval with an accompanying rezoning request. BUDGETIMPACT None. ORDINANCE NO. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AN ORDINANCE CALLING FOR THE SIMULTANEOUS DETACHMENT OF CERTAIN LANDS FROM THE CITY OF SPRINGDALE, ARKANSAS AND THE ANNEXATION OF THOSE CERTAIN LANDS INTO THE MUNICIPAL LIMITS OF THE CITY OF FAYETTEVILLE; AND FOR OTHER PURPOSES. WHEREAS, A.C.A. § 14-40-2101, Simultaneous Detachment and Annexation, provides that simultaneous detachment and annexation of lands can occur when the boundaries of two (2) municipalities are contiguous and adjoining one another, and one municipality desires to detach and annex territory; and WHEREAS, the City of Fayetteville desires to detach and annex certain lands owned by Craig and Karyn Harper located within the limits of the City of Springdale, more completely described below, hereinafter referred to as "the Harper Property"; and WHEREAS, the Harper Property is situated along a common border which is contiguous and adjoining between the City of Springdale and the City of Fayetteville; and WHEREAS, the Harper Property complies with the standards for lands qualifying for simultaneous detachment and annexation which are set forth in A.C.A. § 14-40-2101;and WHEREAS, the City of Springdale Water and Wastewater Department has found it impractical for the City of Springdale to serve the Harper Property with sanitary sewer service; and WHEREAS, the City Council of Springdale, Arkansas approved Resolution No. 91-03 on October 28, 2003, declaring that the City has no objection to the detachment of the Harper Property from the City of Springdale; and WHEREAS, the necessary services of water, sewer, fire and police protection can be provided to the Harper Property by the City of Fayetteville in.a reasonable period of time; and WHEREAS, the Harper Property is immediately adjacent and contiguous to lands under the same ownership that have previously been annexed into the City of Fayetteville from the County; and Page 1 of 3 Pages 0 WHEREAS, upon the passage of this Ordinance, the City Council of Springdale, Arkansas will be required by law to conduct a public hearing within sixty (60) days following its passage and the City Council of Springdale, Arkansas may, at its next regularly scheduled meeting following the public hearing, bring this proposed ordinance up for a vote to concur in the detachment and annexation. NOW THEREFORE, BE IT ENACTED by City of Fayetteville, Arkansas, as follows: Section 1. The following described lands owned by Craig and Karyn Harper, consisting of 9.99 acres (the Harper Property), which is currently contained in the municipal limits of the City of Springdale, Arkansas is hereby proposed for detachment from the City of Springdale and annexation into the City of Fayetteville. A part of the Southeast Quarter (SE '/4)of the Southeast Quarter (SE '/4)of Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at the Northwest corner of said 40 acre tract, said point being in Albright Road and from which a reference iron set on the South right-of-way of said road bears S 02°39'07" W - 18.94 feet; thence S 87024102" E - 6 60.07 feet along the North line of said 40 acre tract to a point from which a reference iron set on the South right-of-way of Albright Road bears S 02°34'53" W - 19.29 feet, thence S 87024'12" E - 658.24 feet along said North line to the Northeast corner of said 40 acre tract, thence S 02031'12" W - 330.00 feet along the East line of said 40 acre tract, thence S 87024707" E - 658.59 feet, thence S 87°24923" W - 660.00 feet to an existing fence on the occupied West line of said 40 acre tract, thence N 02034107" E - 330.06 feet along said West line to the POINT OF BEGINNING. Section 2. Upon the passage of this Ordinance, it shall be forwarded to the City of Springdale, which shall place it on an agenda for a public hearing within sixty (60) days of receipt. Section 3. The City of Fayetteville shall publish legal notice of said public hearing to be held by the City of Springdale, setting out the legal description of the Harper Property, at least fifteen (15) days prior to the date of the public hearing. Section 4. The City of Springdale, at its next regularly scheduled City Council meeting following the public hearing, may bring the proposed ordinance up for a vote to concur in the detachment and annexation. Section 5. Upon the ordinance proposing the detachment and annexation being passed and concurred with by the City of Springdale and becoming final, the territory known as the Harper Property shall be deemed and taken to be a part and parcel of the Page 2 of 3 Pages I limits of Fayetteville, and the inhabitants thereof shall have and enjoy all the rights and privileges of the inhabitants within the original limits of the City of Fayetteville thereafter. Thereupon, all necessary urban services, such as sewer, water, police and fire protection, shall be extended to such area within a reasonable time. PASSED AND APPROVED this _ day of , 2004. ATTEST: Sondra Smith, City Clerk (SEAL) APPROVED: Mayor Dan Coody, City of Fayetteville Page 3 of 3 Pages �J FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 28, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 23, 2004 ANX 04-1100: Annexation (HARPER/BRANDON, 61): Submitted by MICHELE, A HARRINGTON for property located at THE S SIDE OF ALBRIGHT RD, W OF GEORGE ANDERSON ROAD. The property is in the City of Springdale and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: CRAIG & KARYN HARPER Submitted on behalf of.GARY BRANDON Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: June 28, 2004 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: July 20, 2004 (1st reading if recommended) BACKGROUND: Property description: The subject property contains to tracts of property equaling 9.99 acres. The property is currently a vacant field with one single family home located on the northeast corner of property. It is located south of Albright Road and west of George Anderson Rd within the City of Springdale. The property is adjacent to the Fayetteville City limits along its southern boundary where it abuts approximately 10 acres of property annexed and rezoned by the City Council on May 4, 2004. Proposal: The applicant proposes simultaneous detachment of 9.99 acres from the City of Springdale and annexation of property into the City of Fayetteville. The applicant will submit this request to Springdale after consideration by Fayetteville City Council (see attached letter and ordinance information). A rezoning request has been submitted for this property. R:IReporul20041PC Reports106-28-0414NX 04-1100 (Ilarpe-Brandon).dw E Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits and is proposed to be developed as an extension of Copper Creek Subdivision which is currently under construction to the south. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single-family on large lots City of Springdale South Vacant RSF-4, Residential Single Family, 4 units per acre East Single-family on large lots City of Springdale West Vacant field City of Springdale INFRASTRUCTURE: Streets: George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Albright Road will need to be improved to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. Surrounding Master Street Plan Streets: North: Albright Rd. (no classification) South: Zion Rd (collector) East: George Anderson Rd. (collector) and Howard Anderson Rd. West: Copper Creek Dr. (local) Water: The property will have access to an 8" looped water main system that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. The developers engineer will need to provide calculations to show that there is adequate capacity in the Stonewood lift station. Upgrades to these stations and/or force mains may be required. Fire: The subject property is located 4.73 miles from the Fire Station #4. Normal driving time is estimated at 13-14 minutes with an approximate response time of 13-14.5 minutes at maximum development. The property is located 3.36 miles from future Fire Station #5 at 833 Crossover Rd with a response time of 8-9 minutes and an estimated response time of 8-9.5 minutes at maximum build out. KARepons1200APC Reports106-28-04NNX 04-I I00 (flarpv-Brandon).doc Police: It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 has no designation for this property. The property to the south of this has been identified and zoned 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 will extend an existing peninsula to the north. The extension will, however create an appropriate boundary that will extend north of the City of Fayetteville into the City of Springdale. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the City Limits to the south for approximately 1300 feet. 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, future development plans may include the extension of the Copper Creek subdivision. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 13-14 minutes for fire protection from the Fire Station #4 and 8-9 minutes from future Fire Station #5. Any development in this area would necessitate installation of hydrants to provide for fire protection. The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. Verification that this area is K: IREPOR7S120041PC REPOR73106-18-04W NX 04-1100 (HARPER-BRANDON NORTH).DOC within the Fayetteville water service territory shall be determined at such time development occurs on the subject property. The City Council would pass a resolution at the time of development in order for this property to be incorporated into the City of Fayetteville's water territory. ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: N/A EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: The police department reports that current levels of service would not be compromised and that coverage in this area can be provided. Sewer shall be extended from the 8" sewer main being installed with Copper Creek Ph. II to the south during the development of new subdivision(s). 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service shall be provided to this area with the same level of responds and service as other developments in this area. Sewer improvements to the area are being provided for with the development of approved preliminary plats. 11.6.i The ability to provide public services should be evaluated in terns of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in this area. 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: Improvements to sewer and street systems and installation of fire hydrants K:IREPOR7S120041PC REPOR7S106-28-04W NX 04-! /00 (HARPER-BRANDON NORTH).DOC would be made necessary by the annexation should additional development occur on the subject property. 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. Finding: Annexation of this property will incorporate property currently within Springdale jurisdiction into the City of Fayetteville. 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 R-A, Residential Agricultural. The applicant is requesting to rezone to RSF-4, Residential single family, 4 units/acre. This zoning designation is compatible with the Residential classification of the adjacent area on the City's adopted Future Land Use Plan. Property outside of the Planning Area was not given a designation on the Future Land Use Plan. 11.6.p An annexation study should be completed on all annexation proposals. Finding: Planning staff has asked the Engineering Division, 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: Development of this property has not been proposed. At the time the applicant desires to development the property, the applicant will be required to submit project plans for review and approval by the Planning Commission. 11.6.r Residents should be fully informed of annexation activities. K:IREPORTSp004WC REPORTSI06-28-04WNX 04-1100 (HARPER-BRANDON NORTH).DOC 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. Finding: This annexation includes two tracts of land totaling 9.99 acres owned by the Craig and Karyn Harper and represented by Gary Brandon Enterprises, Inc. The combined requests create a reasonable boundary avoiding the creation of unusual boundary lines. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K. IREPORM20041PC REPORM06-28-04NNX 04-1100 (HARPER-BRANDON NORTH).DOC From Fayetteville General Plan 2020 — 2002 Revision 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. l 1.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11.6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. 11.6J The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should be annexed. 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. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations 11.6.m Promote long-range planning with adjacent jurisdictions. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11.6.o Designate zoning districts for the property during the annexation process. 11.6.p An annexation study should be completed on all annexation proposals. 11.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 11.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K IREPORTSUOMPC PEPORTS106-28-04WNX 04-1100 (HARPER-BRANDON NORTH).DOC FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer DATE: April 8, 2004 PC Meeting of April 12, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575.8202 ANX 04-1100: Annexation (HARPER/BRANDON, 61): Submitted by MICHELE, A HARRINGTON for property located at THE S SIDE OF ALBRIGHT RD, W OF GEORGE ANDERSON ROAD. The property is in the City of Springdale and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: CRAIG & KARYN HARPER Submitted on behalf ofGARY BRANDON Planner: SUZANNE MORGAN RZN 04-1101: Rezoning (HARPER/BRANDON, 61): Submitted by MICHELE, A HARRINGTON for property located at THE S SIDE OF ALBRIGHT ROAD, W OF GEORGE ANDERSON ROAD. The property is zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF4, Residential Single-family, 4 units per acre. Property Owner: CRAIG & KARYN HARPER Submitted on behalf of GARY BRANDON Planner: SUZANNE MORGAN A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The property will have access to an 8" looped water main system that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. The developers engineer will need to provide calculations to show that there is adequate capacity in the Stonewood lift station. Upgrades to these stations and/or force mains may be required. George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Albright Road will need to be improved to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. Name Matt Casey Department Engineerine FAYE1 TEVI LLE THE CRY OF FAYETTEVILLE, ARKANSAS June 18, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1100 (Harper/Brandon, pp 61) and Rezoning RZN 04-1101 (Harper/Brandon, pp 61) submitted by Michele Harrington for property located at the intersection of George Anderson Rd, Lying N & S of Albright Rd. would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. POLICE DEPARTMENT It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, Lieutenant William Brown Fayetteville Police Department 4YETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 O. Box 1988 JAIL: 140-A WEST ROCK STREET 72701 WETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-587-3522 I FaVAftmnBA Flm (bnartmenl RnrWna rMlivsv LvI 7^nin.. Pa.!. 1. Projected Projerted Flrelumer EMS GIIs US Projected! Response Ca1M M1or Glls far Service Time b Proposal Sarvid rt Servid rt at Cldest Fire Is Aom Zfl Reapome Time Ama M Maximum Maxim Maximum Maximum hmn Subdivision Annexation Acres 9fatid Fire t6 PropdM area Build Out Build Out B6110Out Build Out 70.64 ruium FS r V.gva rues 1 minute 1-J.5 minutes RZN 04-1084 Mannorii 771year 29/year 43/year ANX 041090 Hays 37.3 Future FS 7 1.97 roles 4-5 minutes 46.5 minutes RZN 04-1091 Hays Y 34y 13/year 21/year RZN 041099 Bnsiel Future FS 7 2.13 miles 5-6 minutes 5-6 minutes 2tyearear .BOtyear 1.2/year ANX 04-1100 Harper/Brandon 9.99 FS 4 4.73 miles 13-14 minutes 13-14.6 minutes Future FS 5 3.36 miles 8-9 minutes 8-9.6 minutes RZN 04-1101 Harper/Bmndon 9/year 3tyear 6tyear RZN 04-7702 BradbenyNJooly. FS 1 0.337 miles 1 minute 1 minute RZN O4-7 f03 Collins FS 2 0.633 miles 3-4 minutes 3-4 minutes 5/year 2/year 3/year RZN 04-1104 Goff FS 5 3.11 miles 8-9 minutes 8-9.5 minutes 16/year 6/year 101year Future FS 3 2.33 miles 56 minutes 56.5 minutes 16tyear 6/year 101year RZN 04-1111 The Mill District FS 1 0.476 miles 1-2 minutes 1-2 minutes Insufficient Dam for Calculations MAY-17-2004 MON 04:21 PM FAX NO, • P. 02 HARRINGTON, MILLER, NEIHOUSE & KMUAK A PBOFFMONAL ASSOCUT10N ATFORMs 119 Fran Eti Avenar • P.O. Sm[ "T ArkTd*p t{�T 7'1-6464a07�(479)i91-s719 Michrle A.Harrmgton, PA ama7 addm maa@arkanmdaw=m - Angda G. Henry° Stephen J. hiWer, Pa. w Atkuuulnws R. Jnatin Eiehmann John P. Na'house, PA 0A.K in TaxariorJ• Thomas N, xiddak` ofcounsrhstephm D. stitr • Aln LkWWM in ouanom. -AI Ilu "04 in Gmz& May 17, 2004 Dawn Warrick City of Fayetteville Planning Dept. 113 W. Mountain Street Fayetteville, AR 72701 Patsy Christie City of Springdale Planning Dept. 201 Spring Street Springdale, AR 72764 Re: Harper Simultaneous Detachment and Annexation to the City of Fayetteville, Arkansas Dear Ladies: Attached is the Ordinance I propose to use for the Simultaneous Detachment and Annexation of the Craig Harper 9.99 acres immediately north of the 9.99 acres from the County (also owned by the Harpers) that was just annexed by the City of Fayetteville.last week. I am also sending this to you, Patsy. Since this is a relatively new statute, you might want your respective City Attorneys to review this and let me know if they desire changes. The Harpers, with the assistance of Crary Brandon Enterprises; Inc, have asked me to submit this Ordinance proposing the detachment and annexation of this land to Fayetteville by May 20. I am told it would be scheduled to be heard at the Fayetteville Planning Commission meeting on June 28a', and then go to City Council in July. Patsy, if this Ordinance proposing the detachment and annexation passes in Fayetteville (it will probably require at least 2, if not 3, readings), I will then forward it to you to schedule a public hearing in Springdale. Once I obtain the date from you of that hearing, I will assist Dawn in getting published the legal notice required by the statute (15 days prior). I assume that the public hearing will be at the Springdale Planning Commission, and if it is recommended forward, MAY-17-2004 MON 04:21 PM • FAX N0. • P. 03 May 17, 2004 Page 2 of 2 Pages then it would go to the Springdale City Council to. concur with the detachment and annexation. I also assume that a separate document, perhaps a resolution; would be appropriate for Springdale to pass concurring in the detachment and annexation, but look to hear from you, Patsy, as to what you or the City Attorney think is. needed. Once the above steps are completed, after the usual 30 day period in which the Ordinance could of course be challenged as could any ordinance, the Ordinance becomes "final". Then this property is considered in Fayetteville for all purposes, and Fayetteville's Municipal Clerk certifies I copy of the plat of the annexed territory and I copy of the proposing Ordinance as adopted by both cities to the County Clerk, who is to forward both to the Secretary of State for recordation. I have enclosed a copy of the Statute for your review. Please callme with any questions, i look forward to working with you both on this matter. Sincerely, HARRINOTON, MILLER, NEIHOUSE & KIEKLAK, P.A. Michele A. Harrington For the Firm MAH/rtv encls. cc: Craig and Karyn Harper Gary Brandon Enterprises, Inc. Brian Moore, ESI, Inc. MAY-17-2004 MON 04122 PM • FAX NO, • P. 07 Page 2 of 3 6" * � its. eexeuii.. S1 AR S7 § 14AO-2101 A.C.A.§ 14-40-2101 Page 1 ARKANSAS CODE OF 1997 ANNOTATED TITLE 14, LOCAL GOVERNMENT SUBTITLE 3. MUNICIPAL GOVERNMENT CHAPTER 40. ANNEXATION, CONSOLTDATION, AND DETACHMENT BY MUNICIPALITIES SUBCHAPTER 21, SIMULTANEOUS DETACHMENT AND ANNEXATION Copyright 0 1987-2003 by The State of Arkansas. All rights reserved Current through the 2003 Regular Session 14-40-2101 Simultaneous detachment and annexation by two (2) cities. (a) When the boundaries of two (2) municipalities are contiguous to and adjoining one another, and one (1) municipality desires io detach and annex territory in another municipality, then the governing body of the municipality desiring to detach and annex territory may propose an ordinance calling for the simultaneous detachment of the lands from the one (1) municipality and the annexation of the lands into its municipal limits. The municipality desiring to annex land in the adjoining city, after the passage of the ordinance calling for detachment and annexation, shall send the ordinance to the governing body of the city or town in which the lands are located. (b)(1) Tbcordinance will provide a legal description of the lands proposing to be detached and annexed and dmcnbc generally the reasons for proposing the action. (2) The governing body of the city or town in which the lands are located shall conduct a public hearing within sixty (60) days of the proposal of the ordinance calling for the detachment and annexation. (3) At least fifteen (15) days prior to the date of the public hearing, the governing body of the proposing municipality shall publish a legal notice setting out the legal description of the territory proposed to be detached and annexed. Municipal officials of the proposing city or town, officials of the city or town in which the lands are located, and property owners within the area proposed to be detached and annexed may appear at the public hearing to present their views on the proposal. (e)(l) At the next regularly scheduled meeting following the public hearing, the governing body of the municipality in which the lands are located may bring the proposed ordinance up for a vote to concur in the detachment and annexation. PZ �5 (2) If a majority of the total number of members of the governing body vote for the proposed detachment and annexation ordinance, then. a prima facie case for detachment and annexatiion shall be established, and the proposing municipality shall proceed to render services to the newly annexed area. (d) The decision of the municipal governing bodies shall be final unless suit is brought in the chancery court of the appropriate county within thirty (30) days after passage of the ordinance to review the mutual actions of the governing bodies. (e)(l) As soon as the ordinance proposing the detachment and annexation is final, the territory shall be deemed and taken to be a part and parcel of the limits of the city or town annexing it, and the inhabitants residing therein -shallhave and enjoy all the rights and privileges of the inhabitants within the original limits of the city or town. (2) The governing bod o t e annexing city or town shall direct the municipal clerk or recorder to duly certify one (1) copy of the plat of the annexed territory and one (1) copy of the proposing ordinance as adopted by both Cope CC West 2003 No Claim to Orig. U.S. Govt. Works Sp r 5,or Six/ http://print.wesdaw.cotnldelivery.html?dest=atp&dataid=AO05580000001546000436912... 10/21 /2003 MAY-17-2004.MON 04:22 PM • FAX NO$ P. 08 Page 3 of 3 AR ST § 1440-2101 Page 2 A.C.A. § 1440-2101 governing bodies to the county clerk. (3) The clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them History. Acts 1999, No. 988, § 1. <General Materials (GM) - References, Annotations, or Tables> A.C.A.§ 14.40-2101 AR ST § 14-40-2101 END OF DOCUMENT Copr. 0 West 2003 No Claim to Orig. U.S. Govt. Works http://print.westlaw.cotn/delivery.html?dent=atp&dataid=AO0559000000154600043 6912... 10/21 /2003 �INJa:aM:l:r±\011I• ANX04-1100 HARPER / B RA N D O N One Mile View - o h R-0 RAfI ILIt k 1 o P � �` ! SUBJECT PROPERTY y j �eae[REEK�D-..__ tom.- tRSF.1 Ra - �. --- - - -- 1 - R.A 1.� I �r'ti---- w_nRD ANDERSON ..1 LttS:4 tJ PaL-L' N� LLL Ro It RA yy f tI It p6 ' I ItIt - I Rd ��_ RSF-4LL IV it RA Overview ❑ Legend c Subject Property Master Street Plan _ ANX04-1100 Boundary �� "F1OQ^'Y�`P y streets 0%e Planning Area ®RndpalMwal IIn000°000000 Oveday District It coI� �%// Planne0 1 Outside City 0000 NtsbdCDWlector 0 0.1 0.2 0.4 0.6 0.8 Miles Planning Commission • • June 28, 2004 Page 113 ANX 04-1100: Annexation (HARPER/BRANDON, 61): Submitted by MICHELE A HARRINGTON for property located at THE S SIDE OF ALBRIGHT RD, W OF GEORGE ANDERSON ROAD. The property is in the City of Springdale and contains approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-1101: Rezoning (HARPER/BRANDON, 61): Submitted by MICHELE A HARRINGTON for property located at THE S SIDE OF ALBRIGHT ROAD, W OF GEORGE ANDERSON ROAD. The property is zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Ostner: The last two items are ANX 04-I100 and RZN 04-1101 for Harper/Brandon. Morgan: The subject property contains two tracts equaling 9.99 acres. This property is currently vacant with one single family home located on the northeast comer of the property. It is located south of Albright Road and west of George Anderson Road and it is located within the City of Springdale. This property adjoins a 10 acre tract to the north that was recently annexed and rezoned to RSF-4 by the City Council on May 4, 2004. The requested annexation will extend a subdivision that is located to the south. This area does not currently exist of a defined subdivision or neighborhoods. However, it will anticipate the extension of that subdivision. The Police Department reports that current levels of service will not be compromised and that coverage in this area can be provided. Staff is recommending approval for the annexation of this 9.99 acre property into the City of Fayetteville. Accompanying this request is RZN 04-1101 for a rezoning of the property from R-A, Residential Agricultural, to RSF-4 should the preceding annexation be approved. The developer's intent is to develop a single family residential subdivision on this property. Staff recommends approval of the rezoning based on findings located within the staff report. Harrington: Good evening. My name is Micki Harrington. I represent the Brandons and the Harpers. Mr. Brandon is here. His engineer Brian Moore is here and they are available to answer any questions. This is, as she mentioned, sort of the second part of the annexation that was approved on May 4`h. We had to bring them in separately because this one is, as you have noted, in the City of Springdale. We are seeking this annexation under a relatively new statute that I believe may be the first time the City of Fayetteville has seen. It is a fairly smooth procedure. 1 know that Mr. Williams has looked at this and we don't think there is any problem. 1 did go to the City of Springdale before I ever came here, though it was not required, just to make sure how they felt about letting go of 9.99 acres. Planning Commission • • June 28, 2004 Page 114 They were happy to do so because they feel they cannot serve it with sewer. They did pass a resolution last November, which is part of your packet. This was filed a long time ago and we finally got here because it was a little bit complicated given the procedure. We wanted to make sure that the other parcel was accepted before we came along with this one. This will be part of the same development. It will look exactly like the development to the south on the ten acres that you already approved. If there are any questions we are happy to address them. Ostner: Thank you Ms. Harrington. I am going to open it up to the public. Is there anyone who would like to speak to this annexation and rezoning issue? 1 am going to close it to the public and bring it back to the Commission for discussion. How is it that Springdale can't or doesn't want to service this area for sewer? Casey: I'm not familiar with the City of Springdale's sewer system. However, there is a creek between this property and the Springdale area that is currently being served by sewer. I know the property along Clear Creek Road are on septic. I don't know how far south their system actually extends but I know it is not to this property, not even to the creek in this area. Moore: I'm Brian Moore with Engineering Services. Matt is right. There is a subdivision off of Ivy Lane which is north of the Clear Creek subdivision. Clear Creek is on septic systems. Ivy Lane was complete six months ago or so and it does have sewer into Springdale but we are well over a mile away I would say from sewer in Springdale. They don't have any use for that area. I think it was five to ten years ago that they tried to put a lift station in the Clear Creek area and the residents all signed a petition saying they did not want sewer in that area. At this time there is no way that there is going to be sewer out there. If I can answer anything else just let me know. Clark: Due to the uniqueness of the situation, 1 will move for approval of ANX 04-1100. Shackelford: I will second. Ostner: Is there further discussion? Anthes: I may have not quite understood the discussion about how the fire response times are calculated now. I'm seeing 13 to 14 minutes. Warrick: The times are still calculated based on an actual drive time. It is not a drive time with sirens on but we have seen for the various subdivisions in this area, Copper Creek Phases I and 11 and the most recent annexation Planning Commission June 28, 2004 Page 115 that was processed earlier this year, there are longer drive times, longer response times in this area than the average. Anthes: I just wanted to be sure we were all paying attention to that. It is also extending a peninsula but I also do understand about this impracticality. I just wanted to clarify that. Shackelford: 1 personally appreciate you pointing out those fire response times considering I live in the adjoining neighborhood. Clark: Aren't these drive times assuming speed limit? It is not assuming emergency response? Warrick: They do drive the speed limit. I understand that if they are stopped at an intersection for an extended period of time they may stop the clock but they don't drive with sirens on and lights. They drive the speed limit with traffic. Shackelford: The only negative to this area is it is kind of a no man's land. 1 have a Springdale address, a Springdale phone number, Springdale school district and Fayetteville city limits. I know I have had this conversation with Tim in the past, there are opportunities in the future whenever there is enough density population out here to request changes in those alignments. I would like to see that happen sometime. Ostner: We have a motion and a second. Allen: Do we need to talk more about the fire response times? Ostner: I was going to. That concerns me greatly. It is a long stretch. Graves: I would note that the property to the south has already been annexed in. The property to the southwest has been approved for annexation by the Planning Commission and is before the City Council. Those are areas that the Fire Department is already going to have to respond to as is. As Ms. Myers said, they will most likely serve those areas anyway under mutual aid agreements and the fact that Springdale has expressed no interest in servicing this area. I doubt that the response times will be much different for this particular small tract immediately of an area that we already annexed in and that the Fire Department will already have to serve this and police and water and sewer. Ostner: Thank you. I suppose my follow up to my initial comment is that even though this is a long response time there is a lot of development between this area and the fire station. There is not near the expanses of Planning Commission • • June 28, 2004 Page 116 undeveloped area as with the Goff development which I voted against. Is there further discussion? Could you call the roll? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 04-1100 to the City Council was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. Planning Commission • • June 28, 2004 Page 117 Ostner: The tandem item is RZN 04-1101 for Harper/Brandon. We have already heard the staff report. Would the applicant like to share some more words? Harrington: I have nothing further other than this will be compatible, RSF-4 with the immediately south development and with the entire area up in there. Ostner: Thank you. Is there anyone from the public who would like to comment on this rezoning request? Seeing no one left, I will close it to the public and bring it back to the Commission. MOTION: Shackelford: I concur that this rezoning request is in my opinion, in line with the existing development in this area. I concur with staff findings and make a motion that we recommend approval of RZN 04-1101 and forward it to the City Council as RSF-4. Clark: Second. Ostner: Is there further discussion? Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 04-1101 to the City Council was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. Hillside Taskforce Appointment: Commissioner Trumbo Commissioner Ostner Commissioner Myers Announcements Meeting adjourned: 12:03 a.m. STAFF REVW FORM - NON -FINANCIAL OBLIGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: July 20, 2004 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION ANX 04-1100: (Harper/Brandon, pp 61) was submitted by Michelle Harrington, Attorney on behalf of Gary Brandon Enterprises for property located south of Albright Road west of George Anderson Road containing approximately 9.99 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMnMEND1-ATION:// Approval. Di ision Head Date ui11 p,•4 City Attorney Date Department Director Date Finance & Internal Services Dir. Received in Mayor's Office Cross Reference: Previous Ord/Res#: Date Orig. Contract Date: 9' -0 Orig. Contract Number: Date New Item: Date Yes Dates 1m `c ILI Aixoo ORDINANCE NO. AN ORDINANCE CALLING FOR THE SMILULTANEOUS DETACHMENT OF ABOUT 10 ACRES OWNED BY CRAIG AND KARYN HARPER FROM THE CITY OF SPRINGDALE, ARKANSAS AND THE ANNEXATION OF THOSE LANDS INTO THE CITY OF FAYETTEVILLE WHEREAS, A.C.A. §14-40-2101, Simultaneous Detachment and Annexation, provides that simultaneous detachment and annexation of lands can occur when the boundaries of two (2) municipalities are contiguous and adjoining one another, and one city desires to detach and the other city desires to annex the same parcel; and WHEREAS, the Harper property complies with the standards for lands qualifying for simultaneous detachment and annexation which are set forth in A.C.A. §14-40-2101; and WHEREAS, the City of Springdale Water and Wastewater Department has found it impractical for the City of Springdale to serve the Harper property with sanitary sewer service; and WHEREAS, the City Council of Springdale, Arkansas approved Resolution No. 91-03 on October 28, 2003, declaring that the City has no objection to the detachment of the Harper property from the City of Springdale; and WHEREAS, the necessary services of water and sewer are reasonably available to the Harper property or can reasonably be extended by the Harpers from the City of Fayetteville water and sewer mains; and WHEREAS, the Harper property is immediately adjacent and contiguous to lands under the same ownership that have previously been annexed into the City of Fayetteville from the County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares its desire to annex approximately 10 acres of land owned by Craig and Karyn Harper as described in Exhibit "A" if said land is detached from the City of Springdale. 0 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby declares that if the City of Springdale concurs in the detachment and annexation of this land following the statutorily required public hearing, this property identified by Exhibit "A" shall be deemed annexed into the City of Fayetteville and assigned to Ward Three. PASSED and APPROVED this 3rd day of August, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor FAYETTEALLE • THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575.8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: July 23, 2004 Re: Ordinance No. 4591 Attached is a copy of the above ordinance passed by the City Council, July 20, 2004, annexing 10 acres owned by Craig and Karyn Harper into the incorporated limits of the city. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering • CI Fayetteville, Arkansas City Clerk's Division 113 West Mountain Fayetteville, AR 72701 479-575-8323 fax: 479-718-7695 Send to: City of Springdale From: Clarice Buffalohead-Pearman Attention: Denise Pearce Date: 8/5/04 Office location: Office location: 113 West Mountain Fax number: 479-750-8505 Phone number: 479-575-8309 ®Per Your Request ❑Reply ❑Please comment ❑Please review []FYI Total pages, including cover: 3 Cnmmentsc Attached please find Ord. No. 4591. Renee Thomas in planning asked that we fax this ordinance to you. If there is anything else please let the clerk's office know. From: Kit Williams To: Pearman, Clarice Date: 8/5/04 3:31 PM Subject: publication of ordinance after scriverner's error correction I do not think we need to republish the annexation/detachment ordinance just because it stated the incorrect date of passage. The date is only important is this ordinance for possible legal challenge( although I do want the official record corrected). I know your budget is tight regarding publication requirements so this is one expense I do not believe is absolutely required. �. 'i I AFFIDAVIT OF PUBLICATION I, Jdo solemnly swear that I am Legal 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: was inserted in the regular editions on PO# 04- ,A 0 ** Publication Charge: $ ( ' 1 .33 Subscribed and sworn to before me this a) day of TCLIy , 2004. My Commission Expires: pNSY oli ** Please do not pay from Affidavit. An invoice will be sent. Official Seal RECEIVED SEAN-MICHAEL ARGO JUL 2 8 2�4 Notary Public -Arkansas WASHINGTON COUNTY :rfYOFFAYETTEVILLE My commission Expires 07-25-2013 "r^ 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 niv tinuINANGE CAWNG FOR THE. SIMULTANEOUS ANDACKgRVN HARPER FRIOMACTHEE'CfTV OF SPR NG� ye. evl e ARKANSAS AND THE ANNEXATION OF THOSE LANDS INTO THE CITY OF FAVEITENLLE. • RxA NSAS WNERHASrSimultaneous Detachment entl Annavation, pro"fEas that ymulla- nexus tlefachmeN antl annexation Of lands can occur when the bouritlariey of two (2) municipsUies are mnearri s antl atllaNng one another, entl one city desires to detach antl the other city desires to annex Me same Parcd: arM WNERBASr the Harper Property cemPGes wily the standards for IanWs uOi detachment ant annexation which meet forth in A.CA. § 14-00-2101; and Mn9 for simultaneous WMBREAtir the City of Spnngdale Water and Wastewater Department has found it impractical for the city Of Springdale to serve the Harper property with serif ary sewer service; and WHE2003 ecSr the City Council d Spnngtlale, A kerlses approved Resdution No. Spnngd8le; antl 91-03on October 28, Stern, declaring that the City has no objection to the detachmern of the Hapar Property from the Cry of I WXBRBA% the necessary services of water and sewar are reasonably evabable to the Harper Propor- ty or can reasonably be exlentletl by the and Harpers from the City of Fayettev i water end sewer mains; WHEREAS. the Harper property is inenediately edjanent and contig ership that have Previously been annexed into the City of Fayerewluous to lands urWer the same own - la from the County, NOW TNEREFOREr BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAVET• TEVRL6r ARKANSAB: Section 1: That ina City Council of the City of Fayeryevllle, Arkansas hereby tleclares its desire to annex , is detached t 10 acres of land owned by Craig sod Karyn Harper as tlesc y de in Ex; its de i it saitl I,ex is tletaclied hom the Ciry of Spnngdoe. Section 2; That the alY Council of the City of Fayetteville, Arkansas hereby declares that if the Ciry of Spnrgtlale concurs In the detachment antl annexation of this Land following the SMM OhtY required Pub- lic hearing, this proPerty idantTnd by Exhldl'A' shill be deomatl annexed into the City of FayeftWile and assigned to Ward Three, 4PA8$Bp and APPROVED Ws 3rd day of August, 2004. DQ/IBIT'A' ANX 04-1JOG BRANDON/HARPER A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SEC TON EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST WASHINGTON COUNTY, ARI(ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TC WTC BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02°39'071V - 18.94 FEET; THENCE S87024'020E 660.07 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACTTO A POINT FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD BEARS S02°34'530W 1929 FEET, THENCE S87°24-12-E - 65824 FEET ALONG SAID NORTH UNE TO THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S02°31'12-W - 330.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT, THENCE N87024P07V - 658,59 FEET, THENCE N87024'24-W - 660.00 FEET TO AN MST- ING FENCE ON THE OCCUPIED WEST UNE OF, SAID 40 ACRE TRACT, THENCE NO2°34'07"E - 330.06 FEET ALONG SAID WEST UNE TO THE POINT OF BEGINNING. RECEIVED JUL 2 8 20" CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Section 2: That the City Council of the City of Fayetteville, Arkansas hereby declares that if the City of Springdale concurs in the detachment and annexation of this land following the statutorily required public hearing, this property identified by Exhibit "A" shall be deemed annexed into the City of Fayetteville and assigned to Ward Three. PASSED and APPROVED this Eday f ugust, 004. APPROVED: 4u : ; p _ By: ;FAYETTEVILLE; DAN GOODY, Mayor ATTEST: %_9�•9R� , cP`::c�~a By: 36o-� q5 SONDRA SMITH, City Clerk 66t1oe C'4f �_ w / A