HomeMy WebLinkAboutOrdinance 4591Doc ID. 007554030003, Tvoe: REL
Recorded: W8 01/2004 at 12:07:42 PM
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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
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Stephen J. hiWer, Pa. w Atkuuulnws R. Jnatin Eiehmann
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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
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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
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