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HomeMy WebLinkAboutOrdinance 4610• 0 FILED ORDINANCE NO. 4610 ,oy UCP 9 r, 2 is AN ORDINANCE ANNEXING THAT CO ERfDyar? � TIC CQ ?. DESCRIBED IN ANNEXATION PETITION AA''041071••f (( ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, "?;,, CERTAIN PROPERTY OWNED BY VERA JONES LOCATED SOUTH OF HUNTSVILLE ROAD, EAST OF THE STONEBRIDGE ADDITION, AND WEST OF ROBERTS ROAD CONTAINING APPROXIMATELY 5.66 ACRES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to Ward No. One. PASSED and APPROVED this 17'h day of August, 2004. By: COODY, ATTEST: c,�::..... r,;G'', a G\(Y OF s;P II By: •FAYETTEVILLAk E: 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII S NDRA SMITH, City Clerk =a Doc ID: 007653950002 TVDe. REL y�Z•, ,9 5� h: Recorded: 09/09/2004 at 02:29:32 PM y p c�P. ��� Fee Amt: $11.00 Pace 1 of 2 gas ANC, QJ�o Nashlnaton Countv. AR .�NGTON��G�` Bette stamos Circuit Clerk Flle200440037318 PC Zoo 4—lS 1610 EXHIBIT "A" ANX 04-1071 A PART OF THE SW '/4 OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG A COMMON LINE BETWEEN RANGE 29 WEST AND RANGE 30 WEST NO2-46-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW '/4 OF THE SW '/4 OF SAID SECTION 19, AND CONTINUING THENCE NO2-46-52E 515.60 FEET (DEED CALL 508.70 FEET) AND S87- 13-08 E 265.56 FEET (DEED CALL 284.61 FEET) TO THE INTERSECTION OF THE CENTERLINE (DEED CALL TO CENTERLINE OF SAID ROAD, IN LINE WITH FENCE TO NORTH) OF COUNTY ROAD NO. 170 AND A NORTH/SOUTH FENCE; SAID POINT BEING NEAR THE SOUTHEAST CORNER OF STONE BRIDGE MEADOWS SUBDIVISION, AND CONTINUING THENCE ALONG EAST BOUNDARY OF SAID SUBDIVISION NO2-46-01 E 884.49 FEET (DEED CALL 884.84 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE EAST BOUNDARY OF SAID SUBDIVISION; THENCE N 02-46-01 E 679.44 FEET ALONG SAID EAST BOUNDARY OF SUBDIVISION TO AN EXISTING DEED CALLED FENCE THENCE ALONG SAID DEED CALLED FENCE S87-15-25 E 281.00 FEET; THENCE S02-46-01 W 398.03 FEET; THENCE S87-20-26E 198.67 FEET TO AN EXISTING FENCE CORNER; THENCE 02-28-59W 281.00 FEET TO AN EXISTING FENCE ON THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING ALONG SAID FENCE N87-20-26 W 481.09 FEET TO THE POINT OF BEGINNING, CONTAINING 5.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 09/09/2004 02:29:32 PM and recorded in Real Estate File Number 2004-00037318 Bette Stamps - ircuit Clerk by IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN o� PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS : W TI C� NO. m C-, PETITION TO ANNEX TERRITORY TO m s ro iv Comes now the petitioner, Vera Jones, and for her Petition to annex certain property into the City of Fayetteville, Washington, County, Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. States as follows: 1. That petitioner, Vera Jones, owns the real property described on the Plat Map, Exhibit "A", attached hereto and made a part hereof, and said property is situated in Washington County, Arkansas, and is contiguous with the City of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. 2. That the petitioner desires that her property become part of the City of Fayetteville, Arkansas, and petitions the County Judge for annexation of the property into the City of Fayetteville. 3. That a true and correct presentation of the property and how it is contiguous to the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto. 4. That the petitioner herein desires that the property become part of the City of Page 1 of 2 Fayetteville, Washington County, Arkansas, and petitioner states that she will do any and all legal acts necessary to accomplish the objective set forth herein. RECEIVED SEP 13 M CITY OF FAYETTEVILLE CITY CLERICS OFFICE THEREFORE, petitioner respectfully prays that this Court set a hearing, and after notice of such hearing, that the County Judge sign an Order annexing the above described real property into the City of Fayetteville, Washington County, Arkansas, and to order such other relief as is appropriate under applicable law. Respectfully submitted this 40 day of 2004. Belly L GaDoway Notary - Notary SW Ste�ArkansasWwwrooricattroy �b�rtsrtt�oeet� Vera Jones , "LS/J✓ SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the o+1(Jay of M arc k , 2004. My Commission Expires: �1 —)-0 Page 2 of 2 EXHIBIT "A" WYMAN RD, PROJECT W rr LOCATION �I � O O O = Sf=ION DCf I N IIYdTflYILLf, n O (^, W 7_ � d O �Q C E PRE < c GOFF � a � 3 1-O Z W O C O_ O 3 IJ JONES VICINITY MAP E-695 N.T.S. Apart of the SWIM of the NW1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described as commencing at the Southwest Comer of said Section 19, and continuing thence along a common line between Range 29 West and Range 30 West N 02-46-52 E 1320.00 feet to the Southwest Comer of the NW 1/4 of the SW 1/4 of said Section 19, and continuing thence N 02-46-52 E 515.60 feet (Deed Call 508.70 feet) and S 87-13-08 E 265.56 feet (Deed Call 284.61 feet) to the intersection of the centerline (Deed call to centerline of said Road, in line with fence to North) of County Road No. 170 and a North/South fence; said point being near the Southeast Comer of Stone Bridge Meadows Subdivision, and continuing thence along East Boundary of said Subdivision N 02-46-01 E 884.49 feet (Deed Call 884.84 feet) to the point of beginning; said point being a found iron pipe and an iron re -bar on the East Boundary of said Subdivision; Thence N 02-46-01 E 679.44 feet along said East Boundary of Subdivision to an existing Deed Called fence; Thence along said Deed Called fence N 87-15-25 E 477.72 feet to a Deed Called fence; Thence along said Deed Called fence S 02-28-59 W 678.75 feet to an existing fence corner; Thence along existing fence N 87-20-26 W 205.21 feet to an existing fence comer; Thence continuing along said fence N 87-20-26 W 275.88 feet to the point of beginning, containing 7.474 acres, more or less, Washington County, Arkansas. IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS o NO. CC 2CC4. -/.5 z CS *1 w ORDER OF ANNEXATION Z n v a m 3 . !, Now on this 164day '- of rA 2004, this cause Rr42s en to 52 heard,' A = A S W the Petitioner, Vera Jones, who is represented by the Engineer of Record, Melvin fAolland, after' announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Court upon the Petition filed herein, and the oral and documentary evidence having been adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed on the.,3�54 day of ��aX, 2004 at which time this Court fixed the6i' day of { t 2004, at V2m., as the date and time of hearing for said cause, and that a full thirty (30) days notice of hearing was given as required by law and the proof of publication of said notice is now on file with the Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the Petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed; that the ... property owner has a freehold interest in the property hereinafter described in the Petition and constitutes the real owner of the area affected. Page 1 of 2 W ;-� o N .--0ID- - : 007230804 a tT Recorded: 10: 27:23 Am Fee0 Amt: $14.00/Pace lof 3 Mashlncton Countv. AP Bette Stamoe Circuit Clerk F11e2004-00017357 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described on Exhibit "A" attached hereto. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Acct. No. 1 of the Acts of the Legislature of 1875 of the State of Arkansas, and all Acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1953, as codified in Ark. Code Ann. § 14-40-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. IT IS SO ORDERED this l9day of ►1 \ .2004. . ...c ferry Hunton Was�ton CountyJudge Page 2 of 2 W',_+03 EXHIBIT "A" WYMAN RD. PROJECT r,- LOCATION �I W� 0 0 = STDNSBRlOCB O IDD?ION f0 O� n ,9j, IAYdSTlYtt(l, UL C; (� L ;- -V C Z W W 4 jG 7 K O GOFF U � 3 W f � Z W O C Z - O Z O 3 I T J J❑NES VICINITY MAP E-695 N.T.S. Apart of the SWIA of the NW IA of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described as commencing at the Southwest Comer of said Section 19, and continuing thence along a common line between Range 29 West and Range 30 West N 02-46-52 E 1320.00 feet to the Southwest Comer of the NW I/4 of the SW 1/4 of said Section 19, and continuing thence N 02-46-52 E 515.60 feet (Deed Call 508.70 feet) and S 87-13-08 E 265.56 feet (Deed Call 284.61 feet) to the intersection of the centerline (Deed call to centerline of said Road, in line with fence to North) of County Road No. 170 and a North/South fence; said point being near the Southeast Comer of Stone Bridge Meadows Subdivision, and continuing thence along East Boundary of said Subdivision N 02-46-01 E 884.49 feet (Deed Call $84.84 feet) to the point of beginning•, said point being a found iron pipe and an iron re -bar on the East Boundary of said Subdivision; Thence N 02-46-01 E 679.44 feet along said East Boundary of Subdivision to an existing Deed Called fence; Thence along said Deed Called fence N 87-15-25 E 477.72 feet to a Deed Called fence; Thence along said Deed Called fence S 02-28-59 W 678.75 feet to an existing fence comer; Thence along existing fence N 87-20-26 W 205.21 feet to an existing fence comer; Thence continuing along said fence N 87-20-26 W 275.88 feet to the point of beginning, containing 7.474 acres, more or less, Washington County, Arkansas. FILED IN THE COUNTY COURT OF WASHINGTON �y fl11 I1 �1 IN THE MATTER OF: I KAREN COA48S PRITC}I CITY FAYETT EVILLEXATION OF E,ARKANSA LANDS O THE dash PROBATE CLERK NIPJGTON CO. ARK, NO, CC 2004-15 AMENDMENT TO THE ORDER OF ANNEXATION WHEREAS, the Petition in this cause was filed on the 3l' day of March, 2004 at which time this Court fixed the 6 h day of May, 2004, at 10:00 a.m., as the date and time of hearing for said cause, and that a full thirty (30) days notice of hearing was given as required by law and the proof of publication of said notice is now on file with the Clerk of this Court and the Court has jurisdiction of this cause; WHEREAS, the County Judge signed the original Order of Annexation with respect to this cause on the 6`s day of May, 2004; and WHEREAS, after receiving a copy of the original Order of Annexation, the City of Fayetteville, Arkansas Planning Staff required the Petitioner to amend the legal description of the real property so as to not create an island before it will recommend approval of the annexation. NOW THEREFORE: The original Order of Annexation is amended to replace the real property map and description set forth in the original Order of Annexation with the amended real property map and description set forth in Attachment A to this Amendment to the Order of Annexation. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that this Amendment to the original Order of Annexation is approved and shall be made a part of the Order of Annexation as of the date set forth below. IT IS SO ORDERED this 2� day of June, 2004. e H norable Jerry Hunton Washington County Judge EA EXHIBIT "A" WYMAN RD. PROJECT .' LOCATION W' h Y > . u F ADDMON TO W M 1- r RO ,, � Z� F W• t Wi a � Z; 3 = 1 zi � o JONES . VICINITY MAP E-695 N.T.S. Apart of the SW 1/4 of the NW 1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described as commencing at the Southwest Corner of said Section 19, and continuing thence along a common line between Range 29 West and Range 30 West N 02-46-52 E 1320.00 feet to the Southwest Corner of the NW 1/4 of the SW t/4 of said Section 19, and continuing thence N 0246-52 E 515.60 feet (Deed Call 508.70 feet) and S 87-13-08 E 265.56 feet (Deed Call 284.61 feet) to the intersection of the centerline (Deed call to centerline of said Road, in line with fence to North) of County Road No. 170 and a North/South fence; said point being near the Southeast Comer of Stone Bridge Meadows Subdivision, and continuing thence along East Boundary of said Subdivision N 02-46-01 E 884.49 feet (Deed Call 884.84 feet) to the point of beginning; said point being a found iron pipe and an iron re-ba-r on the East Boundary of said Subdivision; Thence N 02-46-01 E 679.44 feet along said East Boundary of Subdivision to an existing Deed Called fence; Thence along said Deed Called fence S 87-15-25 E 281.00 feet; Thence S 02-46-01 W 398.03 feet; Thence S 87-20-26 E 198.67 feet to an existing fence ; Thence S 02-28-59 W 281.00 feet to an existing fence on the southern property boundary; Thence continuing along said fence N 87-20-26 W 481.09 feet to the point of beginning, containing 5.66 acres, more or less, Washington County, Arkansas. 'i1•eaF•T State of Arkansas Secretary of State a y 4 � Business tr Gtunmerdal Services 082-3409 u elections 682.5070 d' Ny aQ l i•ln 20 p(� u Building tr Grounds 682.3532 7R1IANgN� - 11 2 04 Communications tr education 6a3o057 slate Capitol rollcc 667.5173 Charlie Daniels l� J+i "? /' • • business office 6828032 "1.)){ _ 7l minrmetlnn Tcchnolog7 682.3411 Secretary of State C+; f• )'- V• 'i%O Ji i � CLERK September 16, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave. Fayetteville, AR. 72701 Dear Ms. Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 09/ 16/2004 Annexation: Incorporation: Census Information Ist Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - Co. Order No Plat Election Island Ordinance No. Co. Order No. Plat Election 4610 CC-2004-15 X I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1 127 or 682-3451. Leanna Godley 16 J Election Services Representative Room 256 State Capitol s Little Rock- Arkansas 72201.1094 MMMMMMMM 301-682-1010 • Pax 501-682.3510 e-mail: sos@aristotle.net - tvtvw.sos.arkansas.Rov Ol d 0£09619189'0N/ZZ:SI'1S/bZ Sl t00Z OZ d3S(NOW) WOd1 NAME OF FILE: Ordinance No. 4610 w/Ex. A CROSS REFERENCE: Item # Date Document 1 07/13/04 memo to mayor & City Council 2 memo to Planning Commission 3 memo to Planning Commission 4 letter to Dawn Warrick from Police Dept. 5 Petition to Annex Territory, CC2004-15 g Exhibit A 7 Amendment to Order of Annexation, CC2004-15 g Exhibit A 9 letter from Vera Jones 10 letter from Johnny Sisemore 11 letter from Thomas Jefcoat, Milholland Company 12 copy of Close Up View 13 copy of Planning Commission minutes 14 copy of Close Up View 15 copy of One Mile View 16 draft ordinance w/Ex. A 17 Staff Review Form 18 memo to Dawn Warrick 19 Affidavit of Publication 20 copy of Petition to Annex Territory 21 copy of Order Setting Hearing Date 22 copy of Order of Annexation w/Ex. A 23 copy of Amendment to the Order of Annexation w/Ex. A 24 letter from Sec. of State office 25 copy of letter from Sec. of State office NOTES: 09/09/04 filed at Wash. Co. Circuit Clerk • 16It-710v' • City Council Meetlfg of August 03, 2004 (4 00 Agenda Item Number AtJI( pV• CITY COUNCIL AGENDA MEMO JVW5/ Nu,t i W I Iz 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 13, 2004 Subject: Annexation for Jones (ANX 04-1071) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Jones. This action will incorporate a 5.66 acre tract of land contiguous with the city limits into the City of Fayetteville. The subject property contains approximately 5.66 acres of vacant property located south of Huntsville Road and west of Roberts Road. Stonebridge Meadows Subdivision Phase I is adjacent to the property to the west where the property is adjoins city limits. The applicant intends to develop a single family residential subdivision within the City of Fayetteville. Connectivity would be provided to this property from Stonebridge Meadows Phase I. The applicant requests annexation into the City of Fayetteville. This annexation request was tabled by the Planning Commission on June 14, 2004 at the request of the applicant. The applicant previous requested annexation of a larger tract that if annexed would create an island of unincorporated property within the City of Fayetteville. The applicant has since revised the legal descriptions and received an amended order of annexation so as not to create an island. On July 12, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. // I i FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 12, 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: Julv 7. 2004 ANX 04-1071: Annexation (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD AND EAST OF STONEBRIDGE ADDITION. The property is in the Planning Area and contains approximately 5.66 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: VERA JONES 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 0 Approved O Denied Date: July 12, 2004 CITY COUNCIL ACTION: Date: August 03, 2004 I : OVIC �IOLI � C6rL/Stl cV,klnrc7- $-b-0 Required YES O Approved O Denied This annexation request was tabled by the Planning Commission on June 14, 2004 at the request of the applicant. The applicant previous requested annexation of 7.47 acre tract that if annexed would create an island of unincorporated property within the City of Fayetteville. The applicant has since revised the legal descriptions and received an amended order of annexation so as not to create an island. Property description: The subject property contains approximately 5.66 acres of vacant property located south of Huntsville Road and west of Roberts Road. Stonebridge Meadows Subdivision Phase I is located adjacent to the property to the west. The property is adjacent to city limits to the west. K:IReporte12004'CReporL5107-12-04WN,r04-1071 (,.hnes).doc • Request: The request is to annex the subject property into the City of Fayetteville. Related Issues: When property is annexed into the City, it is annexed as R-A Residential Agricultural. If the annexation is recommended for approval to City Council, the applicant would like to rezone the 5.66 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request, RZN 04-1072, is an accompanying item to this annexation request. Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City. When property that is consistent with the General Plan 2020 and the City's guiding policy of annexation is incorporated into the city and developed, a uniform and consistent standard of development includes the following: • Compatibility in land use and development standards Ability to plan future capital improvements • Ability to require the same level of infrastructure improvements required for new development within these areas as required within the City • Less confusion for public safety — police and fire — who responds • Police Protection Fire Protection Trash Service • Sewer service Water service • Street standards (curb and gutter) and construction specifications • Sidewalks, based on the Master Street Plan • Street lights • Grading and Drainage review • Detention • "Zoning Regulations (setbacks, bulk and area requirements, land use) • Code enforcement • Tree Preservation Parks land dedication Without appropriate annexation, developers of property in the Planning Area are offered water service from the City of Fayetteville, but have none of the other regulatory responsibilities for development. Many of the public services offered to citizens of Fayetteville in adjacent properties are not offered to those beyond the city limits. In some cases, new subdivisions adjacent to one another have very different street construction, creating problems with transition and the establishment of an efficient network of infrastructure. Property that develops directly adjacent to the city limits is required to develop within City specifications for street construction. However, other requirements such as parks, detention, grading and drainage, zoning/land use and tree preservation are not within the City's ability to control. K.Weporul2004V)C ReportsIO7-12-04W,VX 04-1071 (Jnes).doc E Recommendation: Staff recommends approval of the proposed annexation. Should the annexation request be approved, future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant Planning Area South Single mily residential Planning Area East Single family residential RSF-4, Residential Single Family, 4 units/acre Planning Area West Single family residential RSF-4, Residential Single Family, 4 units/acre INFRASTRUCTURE: Streets: Street improvements will have to be extended through the site for any future development. Roberts Road will also need to be further improved the length of the project frontage. Surrounding Master Street Plan Streets: North: Huntsville Rd. (principal arterial) South: Goff Farm Rd. (collector) East: Roberts Rd. (collector) West: Eastpoint Dr. (local; undeveloped street connection to Stonebridge Meadows Subd. Phase I) Water: The property has access to an 8" water main on the west side of this property that was stubbed out from the adjacent subdivision. There is also a 6" water main on the east side along Roberts Road. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The main will have to loop between the existing 8" and 6" water mains. Sewer: The site currently has access to an 8" sewer main on the west side of this property that was stubbed out from the adjacent subdivision. Sewer will need to be extended within the development. Fire: The subject property is located 3.18 miles from Fire Station #5. Normal driving time is 8-9 minutes. The property is located 2.32 miles from the future Fire Station #3. Normal driving time is 5-6 minutes. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services. If an outlet onto Roberts Road is planned, improvements to Roberts Road should be considered. If no outlet is planned, then this should not create and appreciable increase in traffic danger and congestion in the area. K. WeporYA2004PC ReporuW-12-0414MY04-1071 (Jones).doc LAND USE PLAN: General Plan 2020 designates this site as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will not create an island of unincorporated property; however it will create the extension of a peninsula east of Stonebridge Meadows Phase I. The City limits extend further east and south of the subject property in this vicinity. 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 along its west boundary. 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. It is currently a vacant field. However, future development plans may include the extension of the subdivision to the west. The applicant's representative attempted to contact adjacent owners to see if they wished to join in this annexation and submitted a letter of each owner's response (see attached). 1 1.6.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 8 to 9 minutes for fire protection from Fire Station #5 and 5 to 6 minutes from the future Fire Station #3. The property has access to an 8" water main to the west. The line was stubbed out from the adjacent subdivision. There is also a 6" water main on the east side along Roberts Road. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The main will have to loop between the existing 8" and 6" water mains. K:IReporls12004PC ReportsI07-12-04WNX04-1071 (ones).doc E The site currently has access to an 8" sewer main on the west side of this property that was stubbed out from the adjacent subdivision. Sewer will need to be extended within the development. 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: Wetlands, floodplain, and slope have not been identified on this property. Staff has received comment from a former property owner with regard to concerns of on -site drainage. This site's conditions will be best addressed through application of the City's stormwater, grading, and drainage regulations. EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Water and sewer lines are accessible. The police department reports that current levels of service would not be compromised and that coverage in this area can be provided. Fire service may also be provided to the site. 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 response and service as other developments in this area. Sewer and water improvements to the area will be provided for with the development of approved preliminary plats. 11.6.i The ability to provide public services should be evaluated in terms 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. K: IReporat2004NCRepor[s107-12-04WXX04-1071 (Jnes).doe Finding: Improvements to sewer and street systems and installation of fire hydrants 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: N/A 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 surrounding developed property and the Residential classification of the area on the City's adopted 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: Conceptual development proposals for this property have not been submitted to the Planning Division. At the time the owner desires to develop this property, the applicant will be required to submit a proposal for review and approval by the Planning Commission. KAReporn120041PC Reporls107-12-04WhX04-1071 (Jbnes).d" I 11.6.r Residents should be fully informed of annexation activities. 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 of this property will create acceptable boundary for the City of Fayetteville, avoiding the creation of any island or peninsula. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: A fiscal impact assessment has not been conducted for this property. K.lReports12004WCReports107-12-04WNX04-1071 (Jones).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. 11.6.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. 11.6.i 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. l 1.6.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. Vtepor[s12004IPC Repons107-12-041,4NX04-1071 (ones).doc FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer DATE: June 08, 2004 PC Meeting of July 12, 2004 113 w. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8202 ANX 04-1071: Annexation (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD AND EAST OF STONEBRIDGE ADDITION. The property is in the Planning Area and contains approximately 5.66 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: VERA JONES Planner: SUZANNE MORGAN RZN 04-1072: Rezoning (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD. The property is in the Planning Area and contains approximately 5.66 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Property Owner: VERA JONES 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 has access to an 8" water main on the west side of this property that was stubbed out from the adjacent subdivision. There is also a 6" water main on the east side along Roberts Road. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The main will have to loop between the existing 8" and 6" water mains. The site currently has access to an 8" sewer main on the west side of this property that was stubbed out from the adjacent subdivision. Sewer will need to be extended within the development. Street improvements will have to be extended through the site for the development. Roberts Road will also need to be improved the length of the project frontage. Name Matt Casey Department Engineering FAME) VEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS June 8, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, RECEIVED JUN 0 9 2004 PLANNING DIKEPART,ENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1071(Jones, pp 569) and Rezoning RZN 04-1072 (Jones, pp 569) submitted by Millholland Company for property located at 1341 Roberts Road and. East of Stonebridge Addition 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. 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. If an outlet onto Roberts Road is planned, improvements to Roberts Road should be considered. If no outlet is planned, then this should not create and appreciable increase in traffic danger and congestion in the area. Sincerely, leutenant William Brown Fayetteville Police Department -TTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 BOX 1988 JAIL: M-A WEST ROCK STREET 72701 TTEVILLE. ARKANSAS 72702-1968 PHONE: 501-587-3555 FAX:501-587-3522 a p U `ma V � i a U' E i W O p Y u eiOi u Y V � Y L O V y a E „ Y W t1 f�l b b M Y O O �m L I d N 3 E E E F m e a 0 c c c c c 6 � O O a` a` yY. F y rn e m vi �n 0o vi r v e Y Y U U G V m E w m ry r v rn � 4 tit N to N L M M 4 � VI V Vl W tV. O O O W O O y O k rk C Q Q Q C G � 0 Q 2 � u 0 o v a E v _ ' Q a W U n r � 0 0 0 E o o v o N N N a C FROM WACO CLERK . (WED)MAR 31 2004 10'58 T .10:53/N0.6314274899 P 5 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN '; o PROPERTY TO THE CITY OF FAYETTEVILLE, E_ p WASHINGTON COUNTY, ARKANSAS d NO. -I C �oo �,_ m m v b aC-�� oa PETITION TO ANNEX TERRITORY TO T ry Comes now the petitioner, Vera Jones, and for her Petition to annex certain property into the City of Fayetteville, Washington, County, Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. States as follows: 1. That petitioner, Vera Jones, owns the real property described on the Plat Map, Exhibit "A", attached hereto and made a part hereof, and said property is situated in Washington County, Arkansas, and is contiguous with the City of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. 2. That the petitioner desires that her property become part of the City of Fayetteville, Arkansas, and petitions the County Judge for annexation of the property into the City of Fayetteville. 3. That a true and correct presentation of the property and how it is contiguous to the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto. 4. That the petitioner herein desires that the property become part of the City of Fayetteville, Washington County, Arkansas, and petitioner states that she will do any and all legal acts necessary to accomplish the objective set forth herein. Page 1 of 2 FROM WACO CLERK • (WED)MAR 31 2004 10` 9/S:10:53/NO.6314274899 P 6 THEREFORE, petitioner respectfully prays that this Court set a hearing, and after notice of such hearing, that the County Judge sign an Order annexing the above described real property into the City of Fayetteville, Washington County, Arkansas, and to order such other relief as is appropriate under applicable law. Respectfully submitted this 20day of Mgs-cl,. 2004. PififtBed n � Vera , ��✓ SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the jLo+lday of _[ cQ 2004 My Commission Expires: 2-p13 Page 2 of 2 FROM WACO CLERK (WED)MAR 31 2004 10 1/ 10:53/N0.6314N4899 P 7 EXHIBIT "A" M'r'1u14 QD, PROJECT r, LOCATION W� i d Y O f O QQ 4 I N I2 s a W2' � � o P� rc � 3 � W _X O A \ _ V J� I J 3 JONES VICINITY MAP E-695 N.T.S. Apart of the S W I /4 of the NW 1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described as commencing at the Southwest Comer of said Section 19, and continuing thence along a common line between Range 29 West and Range 30 West N 02-46-52 E 1320.00 feel to the Southwest Comer of the NW IA of the SW 1 /4 of said Section 19, and continuing thence N 02-46-52 E 515.60 feet (Deed Call 508.70 foot) and S 87-134)8 E 265.56 feet (Deed Call 284.61 feet) to the intersection of the conterine (Deed call to centerline of said Road, in line with fence to North) of County Road No. 170 and a North/South fence; said point being near the Southeast Comer of Stone Bridge Meadows Subdivision, and continuing thence along East Boundary of said Subdivision N 02-46-01 E 884,49 feet (Deed Call 884.84 foot) to the point of beginning; said point being a found iron pipe and an iron re -bar on the East Boundary of said Subdivision; Thence N 02-46-01 E 679.44 feet along said East Boundary of Subdivision to an existing Deed Called fence; Thence along said Deed Called fence N 87-15-25 E 477.72 feet to a Deed Called fence; Thence along said Deed Called fence S 02-28-59 W 678.75 feet to an existing fence comer, Thence along existing fence N 87-20-26 W 205.21 feet to an existing fence comer; Thence continuing along said fence N 87-20-26 W 275.88 feet to the point of beginning, containing 7.474 acres, more or less, Washington County, Arkansas. IN THE COUNTY COURT OF WASHINGTON, COUNTY FILED IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE ' Qy JUN 24 BPI 1121 CITY OF FAYETTEVILLE, ARKANSAS KAREN COMBS PRITCWARD NO. CQ3,(1(k4fi60BATE CLERK WASHMGTO"l CO. ARK. AMENDMENT TO THE ORDER OF ANNEXATION WHEREAS, the Petition in this cause was filed on the 3151 day of March, 2004 at which time this Court fixed the 6's day of May, 2004, at 10:00 a.m., as the date and time of hearing for said cause, and that a full thirty (30) days notice of hearing was given as required by law and the proof of publication of said notice is now on file with the Clerk of this Court and the Court has jurisdiction of this cause; WHEREAS, the County Judge signed the original Order of Annexation with respect to this cause on the 6`" day of May, 2004; and WHEREAS, after receiving a copy of the original Order of Annexation, the City of Fayetteville, Arkansas Planning Staff required the Petitioner to amend the legal description of the real property so as to not create an island before it will recommend approval of the annexation. NOW THEREFORE: The original Order of Annexation is amended to replace the real property map and description set forth in the original Order of Annexation with the amended real property map and description set forth in Attachment A to this Amendment to the Order of Annexation. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that this Amendment to the original Order of Annexation is approved and shall be made a part of the Order of Annexation as of the date set forth below. IT IS SO ORDERED this Alay of June, 2004. he Hohorable Jerry Hunton Washington County Judge 2 • EXHIBIT "A" WYMAN RD PROJECT o LOCATION J 2 - i I ADDIA'd9RlOCd (� 100lSfON i YAM"97ri". A& ;O We — GOFf J t e - ! 7 �t Ifi Vf \y 1 Q I J❑NES VICINITY MAP E-695 N.T.S. A part of the SWIA of the NW 1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described as commencing at the Southwest Comer of said Section 19, and continuing thence along a common line between Range 29 West and Range 30 West N 02-46-52 E 1320.00 feet to the Southwest Comer of the NW 1/4 of the SW 1/4 of said Section 19, and continuing thence N 02-46-52 E 515.60 feet (Deed Call 508.70 feet) and S 87-13-08 E 265.56 feet (Deed Call 284.61 feet) to the intersection of the centerline (Deed call to centerline of said Road, in line with fence to North) of County Road No. 170 and a North/South fence; said point being near the Southeast Corner of Stone Bridge Meadows Subdivision, and continuing thence along East Boundary of said Subdivision N 02-46-01 E 884.49 feet (Deed Call 884.84 feet) to the point of beginning; said point being a found iron pipe and an iron re -bar on the East Boundary of said Subdivision; Thence N 0246-01 E 679.44 feet along said East Boundary of Subdivision to an existing Deed Called fence; Thence along said Deed Called fence S 87-15-25 E 281.00 feet; Thence S 02-46-01 W 398.03 feet; Thence S 87-20-26 E 198.67 feet to an existing fence ; Thence S 02-28-59 W 281.00 feet to an existing fence on the southern property boundary; Thence continuing along said fence N 87-20-26 W 481.09 feet to the point of beginning, containing 5.66 acres, more or less, Washington County, Arkansas. l _ Dear Fayetteville Planning Commission, My name is Vera Jones, and I live on 1341 Roberts Rd. My property is presently under contract for development. It is my understanding that the city of Fayetteville has an ordinance - -- stating that they choose not to annex any property that will leave an island of coon ty _.-- —__- rty surrounded by city property. My neighbors north of me will be left in an island when ye Property is annexed according to my understanding.of this ordinanm ce. If any one of these Property owners chooses not to be annexed into the city of. Fayetteville, my property cannot be annexed. This will render me unable to sell my property, and therefore leave me completely helpless. I am a widow who lives alone, and I have no children who can take care of me. I suffer from diabetes and as a result am physically handicapped from the loss of leg. My land is the only sufficient financial resource to help provide myself with adequate care, If I cannot close the sale of this property, I do not know what I will do. I understand the predicament that this ordinance causes for you in making your decision on the annexation of my property alone. But P try to understand the hopelessness of my position that your ordinance has caused me. I beg you, please, make your decision based upon what you feel is morally as well as legally just, and when you make your decision, remember that the outcome will have a critical impact on the rest of my life. I feel as though my entire life has been reduced to nothing worthwhile when I am taken prisoner and placed at the mercy of someone else who will make the decision that will seal the destiny of my last days on this earth. I worked faithfully and paid my taxes and purchased this land as an investment to secure my financial state of affairs, and now an ordinance has the sway to take everything away that I worked hard and honestly for over so many years. The rest of my life depends on your decision; your vote is critical to my wellbeing. Thank you for taking the time to hear my side of the story, and I pray that your heart leads you to the right decision. / Sincerely, Vera Jones'% tu. i. Mrs. Doris Roberts- I contacted her on June 7m 2004. In her response, she stated that she did not think that they would be interested because their homes were already in the city of ' Fayetteville, but she would let her son make the decision:- I asked for s.te ep _one . number to contact him, but she said that he had an unlisted phone number and that he did not want her to give it out. I then asked her to have him call me if he was interested in being annexed; I left her my home, office, and cell number and have not received a response. 2. Eldon Roberts- He is the aforementioned son of Mrs. Roberts and is a landowner in the island as well. 3. Mrs. Hunt- I contacted her on June 7`h 2004. I explained the annexation to her and she responded that she was already in the city. I then told her that her land was still in the county and would need to be annexed for development. She said that she was going to leave her property to her heirs, and had no interest in annexation. 4. Mrs. Layne- I contacted her June 7a' 2004 as well. I explained the problem that the island created for Mrs. Jones, and her response was similar to Mrs. Hunt's; her home was already in the city and she was going to leave her property to her heirs. °JVCEIVED TIAAnd ampany JUN 1 4.2004 Ln1� � e PLANNING DIV. Melvin L. Milholland, PE, PLS June 14, 2004 FAYETTEVILLE FILE REGEEZTIONS: PE: AR, MO PLS: AR Project No. E-695 125 West Mountain Street Fayetteville, Arkansas 72701 ATTN: Dawn Warrick, Planning Division RE: Jones Annexation and Rezoning ANX 04-1071 and RZN 04-1072 Ames Trust Annexation and Rezoning ANX 04-1073 and RZN 04-1074 111M IFT+* PA As discussed with you this afternoon, the property Owner of the Jones Tract, Vera Jones; and representative for the Ames Family Trust Tract, with MCO's Client, Clint McDonald, are asking that the above referenced partition requests be TABLED to provide time to conduct additional research in property boundary re -alignments. Modification of the presented configuration may be possible that will alleviate the issue of creating an island of unincorporated property within City Limits. The proposed modification of property lines presents other concerns that need to be addressed and issues resolved before presenting for consideration to the Planning Commission. Tabling of these requests will provide us the time needed to properly resolve new issues with the County concerning the proposed boundary adjustment and with the City's Engineering Division concerning drainage detention. It is the intention to present the Planning Commission with conditions that are supported by Staff. Your cooperation and willingness to assist in this matter are appreciated. Sincerely, Milholland Company For: Thomas M. Jefcoat, RLA Projects Manager cc: Clint McDonald, Vera Jones 205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 443-4124; far (479) 443-4707; E-mail: MCOengrPswbell.net Planning Commission • June 14, 2004 Page 3 Ostner: Welcome to the June 14, 2004 meeting of the Fayetteville Planning Commission. Can we have the roll call please? Roll Call: Upon the completion of roll call there were seven Commissioners present with Commissioner Trumbo being absent and Commissioner Myres arriving at approximately 5:35 p.m. Ostner: Before we get started items eight through eleven have been tabled by the applicant. Those are ANX 04-1071 for Jones, RZN 04-1072 for Jones, ANX 04-1073 for Ames Trust and RZN 04-1074 for Ames Trust. Williams: Certainly the Planning Commission honors the petitioners when they request that their items be tabled. If people are here to speak to it, you might allow them to go ahead and speak so they wouldn't have to come back later before they are officially tabled. Tabling really will require a vote of the Planning Commission. Approval of the Minutes VAC 04-1105: Vacation (LUTZ, 716): Submitted by THOMAS C. LUTZ for property located at 1645 W SUNRISE MTN ROAD. The property is zoned R-A. RESIDENTIAL - AGRICULTURAL and contains approximately 1.30 acres. The request is to vacate a portion of a 10' gas and water easement on the subject property. Ostner: Just to reiterate, if anyone would like to speak to these tabled items we will have a time available when they come up on the agenda. The first item is the Consent Agenda. The item is VAC 04-1105. Does anyone wish to speak to this item or shall we have a motion to approve the consent agenda? Shackelford: I will make a motion we approve the consent agenda. That includes minutes. Clark: Second. Ostner: Renee? Roll Call: Upon the completion of roll call the motion to approve the consent agenda was approved by a vote of 8-0-0. June 14, 2004 Page 58 ANX 04-1071: Annexation (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD AND EAST OF STONEBRIDGE MEADOWS SUBDIVISION PHASE I. The property is in the Planning Area and contains approximately 7.47 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-1072: Rezoning (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD. The property is in the Planning Area and contains approximately 7.47 acres. The request is to rezone the subject property from R- A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. ANX 04-1073: Annexation (AMES TRUST, 569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD, S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-1074: Rezoning (AMES TRUST, 569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD, S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 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 next items on our agenda have been tabled by the applicant. However, they are on our agenda. If people from the public are here to speak on these issues we will get to that. The next item is ANX 04-1071 for Jones. We have no staff report but if anyone from the public would like to speak. Davison: Hi, again, Sharon Davison. This is a really important issue to me. Thank you and to our city and we all know that because we do have our taskforce in tact on Annexation/Rezoning. It is a tricky subject, we know about that. I do believe that it is appropriate at times. I don't agree with Mayor Coody that it is appropriate all the time as he said. The issue for me is not annexation, I have an issue with rezoning. The last time I had asked a question for staff to address, even though to me it seemed self explanatory that these are separate issues, meaning we address annexation, that can be approved if it is approved you go to rezoning. I am not quite sure why we seem to feel if we annex that we are immediately obligated to accommodate developers to rezone. That is what I'm asking you here tonight. First I would like to ask that question Mr. Chairman as to we do not have to automatically grant rezonings when we give an annexation, correct? Ostner: That is correct. However, this is where you simply speak your peace and we try not to dialogue. Planning Commission • • June 14, 2004 Page 59 Davison: I understand that but I had asked that question last time and I didn't get a clear answer. That is the only reason why I was asking it. I was not supposed to speak to staff so that was the way I presented it was I didn't get that clear answer even though to me it seems that way. That's what I'm asking here is that you all consider under the current situation, again, we see how much is coming through even when at one time we had a moratorium, we had a sewer issue, etc. That gets back to sewer. Our plant is not even planned to be online and as far as I know it is not ahead of schedule. Usually on a sewer plant if we are lucky it will come in on schedule. On schedule would be Fall, 2006. I do not think that it is at all unreasonable and you have been here long enough to see how many are coming at you for annexation right up with zoning, rezoning generally to the maximum of four units per acre. I think what I'm asking you to do is to consider our infrastructure needs from streets to sewers to everything and if you feel it is appropriate to annex, annex. I think it is fair if it is a choice and request by a citizen for annexation to maybe as you do sort of discuss your feelings to say annexation is good but we will postpone most rezonings until our sewer is online. That is not unreasonable. We are really about to hit max load point. What has been approved in the last six months, much less the past year, we are not seeing that impact yet. We are only seeing impact from the small scale things that have come up the past couple of years. It is so prudent and it is so reasonable I just can't get it why when we have this issue with roads, with infrastructure, we have a taskforce, we are trying to understand and get a handle on it. Why can't we wait? I would appreciate it if you as a board would come up with maybe, especially these, again, look at the total units requested. That you grant whatever annexations as each comes to you, you feel appropriate but could you not maybe discuss with yourselves, if not tonight, the reasonableness of not granting these rezonings and allowing this development until we do see closer to Fall, 2006. That is 2 '/2 years away at the earliest that we will get our additional sewer capacity. This is a big deal and I don't see why it is unreasonable to say we will wait on major rezonings.until our sewer is online but if you want to be annexed now and know that it is coming and make your plans while we make our plans to catch up, that would be appropriate. Thank you and goodnight. Ostner: Are there any other comments from the public on this issue? I am going to close it to the public and bring it back to the Commission. Warrick: In response to that and to elaborate a little bit on annexation. Staff is guided by our General Plan, which is a policy that was adopted by our City Council and approved by our Planning Commission. Chapter 11 of that General Plan is annexation. Chapter 11.6 are the guiding policies with regard to annexation. One of those under administration states "designate zoning districts for the property during the annexation Planning Commission • • June 14, 2004 Page 60 process." As questions arise as to why we are looking at rezonings at the same time that we are looking at annexations, it is because we are directed to do so through this policy. This is the same policy that our annexation strategy taskforce is looking at and will be making some recommendations with regard to. Right now this is our directive and that is why we recommend that the applicant requests their rezoning for a district that they feel is appropriate that we will evaluate and make a recommendation on with regard to appropriateness at the time that annexation is requested. Ostner: Thank you. I am sorry that our speaker left. I think that's what she wanted to hear. We need to go ahead and individually table these items to stay legal. They have been voluntarily tabled by the applicant but it would be best to move in that manner. MOTION: Anthes: I move to table ANX 04-1071 at the request of the applicant. Shackelford: Second. Ostner: Is there further discussion? Please call the roll. Roll Call: Upon the completion of roll call the motion to table ANX 04-1071 was approved by a vote of 8-0-0. Ostner: The next item is RZN 04-1072 MOTION: Anthes: I move to table item RZN 04-1072 at the request of the applicant. Shackelford: I will second Ostner: Is there further discussion? I agree with Ms. Davison that there is a big difference between annexation and rezoning. I've often wondered this. Why can't we annex open area? It seems counterintuitive to only annex areas we want to develop. If the city is going to master plan or plan in advance, it seems an important tool would be to have space that is not zoned for development but is on the maps to be a certain way. That is sort of like the downtown master plan sort of goes in that direction. To only annex areas that applicants want to develop immediately is difficult for us. It makes things very difficult. This is a rezoning and that is my comment. I wish we had more tools to work with on the annexation and rezoning issues. Planning Commission • • June 14, 2004 Page 61 Warrick: You have directed your statement to the issue of the reason we have an annexation strategy taskforce. Those are some of the debates that I'm sure they are having in their meetings. We do have a master plan that encompasses all of our planning area. That is a tool that we can use when we are looking at these annexations that we currently are experiencing that seem piecemeal. There is a plan that oversees everything Ostner: It just seems though that they only come to us when the market or the applicant brings them a piece here and a piece there. Things change over time and we lose sight quickly of our overall goal. I'm encouraging the taskforce to come up with more tools. Is there any further discussion? Roll Call: Upon the completion of roll call the motion to table RZN 04-1072 was approved by a vote of 8-0-0. ANX04-1071 J O N E S Close Up View 7�\ �' �+p 4F yy 4F1.i'+S�hw�r"y+.�•'�3,,�.,,y +7,:,�'�rrt ,'v.6' Ir s�t,.-.�"rx. r wye}it s, `,,�tR,•�.M nr't,�',;,gy�, �'gyc',�,i' RSF-4 l• H q A' t Uy�y`xs'�rc' u4 afil tr a }�1 "+h„Y }„�!`+v cx C "'i-6 �'s It 7✓ r!',,p�,,.C�:.CI.., xt"'aill'f r i8y f ve 'Prf'•,As1µ +!' "e•5 ' Y �m '� 4 vs TiY +t'.a7s - I 1 I IDI i ��-------- , _.St; -- r- - - - - - - ---� ICI �51lil ,.. ) Y S kxy.✓--t,{r. i. a!ff "� jilt, ,i ' •- D IV - — s .ter•.-{YJ ''r ; m `' at ix 1pr-zn :S'„}trsJ�er .""x y, u t rys >� „v c "•�1. I RSF-4 rot T M��� ' RSF-4 I l Al z�� .sZ ��� '"`y»�,i+.s-n z..�� t`z \`ti_ ! 1 :P atihwA�Id 5'ray i g l y ell 1 Pill j E=SfPoINi DR _ Y K; I s'$- HAI ��P yL s G'?.rs'N e+., a aesa +' l7.%Z I yl ''} �J'J} Is Wit p>� .'YES _w. ws r, nt .w rt,x,,:• ` t°1^}''','� A' `S'k il'i. ,aa¢}i1 e vc t 2"` 1RSIF' i i h y r 3"d at N°+ { h>`!y*. % r�>7.^"t dgr W ," `'3•'Gi`„L. at Oki i�'ta�4�y �y prdjuJ¢ydd°a..dysld r��"r�aa1-tAtava jTak"'tl1"�'. {n�. 3-+V. RSF-4 P,l t Z�' " e aF xx I � kFit' � i+ k � '� � �< a�•aT�7�rard� y '" �r e�'� � � �Yn:%�`'"t�i "�Y' k .rF:�t4 I � d'r.v, -t "�+� v','•�',,°//rr� -�`'s 5 - ,����ii,. �_" �"�`i " ' 1 %*c''-;" �'f� g000q 0iii WYrks a PMdpaIAMiWI—ROODWAY Overview ¢noDX Master Street PWn ®Minor ArtcW 1W YEAR Master slreat Plan M,`Wont4A —M*0 R ^" Fr°CxBy/ExpfU65wdy 0000 Hbbnc Cdl¢IIX Wlr.. LIMIT OF SNDY L _ cm umitt — — - Daseuae Profile t Ot,iO'H ® anx04-Jones_Adjus ted Fayetteville 0 175 Eso 700 1.050 i 1,400 Feet ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 04-1071 ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN PROPERTY OWNED BY VERA JONES LOCATED SOUTH OF HUNTSVILLE ROAD, EAST OF THE STONEBRIDGE ADDITION, AND WEST OF ROBERTS ROAD CONTAINING APPROXIMATELY 5.66 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3. That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. One. PASSED AND APPROVED this day of 2004. By: ATTEST: By: Sondra Smith, City Clerk ' 'ZOPf9113 Dan Coody, Mayor EXHIBIT "A" ANX 04-1071 A PART OF THE SW '/4 OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE ST" PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG A COMMON LINE BETWEEN RANGE 29 WEST AND RANGE 30 WEST NO2-46-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW %4 OF THE SW '/4 OF SAID SECTION 19, AND CONTINUING THENCE NO2-46-52E 515.60 FEET (DEED CALL 508.70 FEET) AND S87-13-08 E 265.56 FEET (DEED CALL 284.61 FEET) TO THE INTERSECTION OF THE CENTERLINE (DEED CALL TO CENTERLINE OF SAID ROAD, IN LINE WITH FENCE TO NORTH) OF COUNTY ROAD NO. 170 AND A NORTH/SOUTH FENCE; SAID POINT BEING NEAR THE SOUTHEAST CORNER OF STONE BRIDGE MEADOWS SUBDIVISION, AND CONTINUING THENCE ALONG EAST BOUNDARY OF SAID SUBDIVISION NO2-46-01 E 884.49 FEET (DEED CALL 884.84 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE EAST BOUNDARY OF SAID SUBDIVISION; THENCE N 02-46-01 E 679.44 FEET ALONG SAID EAST BOUNDARY OF SUBDIVISION TO AN EXISTING DEED CALLED FENCE THENCE ALONG SAID DEED CALLED FENCE S87-15-25 E 281.00 FEET; THENCE 502-46-01 W 398.03 FEET; THENCE S87-20-26E 198.67 FEET TO AN EXISTING FENCE CORNER; THENCE 02-28-59W 281.00 FEET TO AN EXISTING FENCE ON THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING ALONG SAID FENCE N87-20-26 W 481.09 FEET TO THE POINT OF BEGINNING, CONTAINING 5.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. STAFF REVW FORM - NON -FINANCIAL OBLATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: 3,2004 CP&E Department ANX 04-1071: Annexation (Jones, pp 569) was submitted by Mel Milholland for property located at 1341 Roberts Road, east of Stonebridge Addition containing approximately 5.66 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMMENDATION Department Director AaAc�e&nternal Services Dir. Approval. /9/0Ll Date Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: (& Orig. Contract Number: Date / _ New Item: Datd / 0 Date7r Yes No FAYETTOILLE 0 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: August 23, 2004 Re: Ordinance No. 4610 Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, confirming annexation of petition ANX 04-1071, located south of Huntsville Road, east of the Stonebridge Addition and west of Roberts Road containing 5.66 acres and owned by Vera Jones. 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 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS ® rn NO, 0 4g o7 go / -V 0 � o � W w z v' m v ORDER SETTING HEARING DATE o c� m arcp� �8n On this 3/-day ofa Sto the City of Fayetteville, Washrrigto , Arkansas, pursuant upon Petition otoannex c .A.Sect onertainroperty 14- 0 01 The Court finds as follows: 3 co 0 N, That Jerry Hunton, Washington County Judge, has consented and approved the Petition, and pursuant to A.C.A. Section 14-40-601, the Court hereby sets a hearing date on the Petition for the day of� 2004, at O : (0 a .m. at the Washington County Courthouse. And petitioner is directed to cause a notice of hearing to be published in a newspaper of general circulation in Washington County, Arkansas as is required by law. IT IS SO ORDERED RRY TON, County d,. w'q_ a5dP Charlie Daniels Secretary of State September 16, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave. Fayetteville, AR. 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State Business & Commercial Services 6823409 Elections 682-5070 Building & Grounds 6823532 Communications & Education 683-0057 State Capitol Police 682.5173 Business Office 682-8032 Information Technology 682-3411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 09/ 16/2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - 4610 Co. Order No CC-2004-15 Plat X Election Island Ordinance No. Co. Order No. Plat Election I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451. Sincerely, Leanna Godley V Election Services Representative Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501.682.1010 • Fax 501-682-3510 e-mail: sos@aristotle.net • www.sos.arkansas.gov RECEIVED SEP 2 0 2004 CITY OF FAYE17EVILLE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leglal 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# "' Publication Charge: $ 4? Subscribed and sworn to before me this S day of _� �t4 2004. .►4ys� Notary Public My Commission Expires: o GCS d Q Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDIR CE NO. "10 ORDINANCE PATIOMNEANG THAT PROPERTY aye ev le ORDINANCE IN ANNEXATION PETITIONTHAT ANX PROPERTY KING TO THE CITY OF FAYETIEVILLE, ARKANSAS, UN PROPERTY,OWNED BY VERA JONES LOCATED -I OF HUNTSMLLE ROAD, EAST OF THE STONE A6XANSA6 IE ADDMON. AND WEST OF ROBERTS ROAD CON EXHIBrt •A• AM( 04-1071 4 PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 19, 7--16-N, R-29-W OF THE 5TH :ST NO2.66-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE SW SAID SECTION 19, AND CONRNUING THENCE NO2-46.52E 515.60 FEET (DEED CALL 501 AND 587-13-08 E 265.56 FEET (DEED CALL 284.61 FEET) TO THE INTERSECTION OF NTERUNE (DEED CALL TO CENTERUNE OF SAID ROAD. IN LINE WrrH FENCE TO NO" UNTY ROAD NO. 170 AND A NORR450UTH FENCE: SAID POINT BEING NEAR THE SOUTHE FINER OF STONE BRIDGE MEADOWS SUBOMSION, AND CONTINUING THENCE ALONG E UNDARY OF SAID SUBDMSION NO2.4"I E 884.49 FEET (DEED CALL 884.84 FEET) TO INT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE E UNDARY OF SAID SUBONISION; THENCE N 02-46-01 E 679.44 FEET ALONG SAID EAST BOU Y OF SUSOMSION TO AN ENSTING DEED CALLED FENCE THENCE ALONG SAID DEED CAL 4CE 587-15-25 E 281 M FEET; THENCE S02-48-01 W 398.03 FEET. THENCE S07.20-26E 191 T TO AN EXISTING FENCE CORNER; THENCE 02-28-SM 281.00 FEET TO AN E aSDNG FEI THE SOUTHERN PROPERTY BOUNDARY: THENCE CONTIUNG ALONG SAID FENCE N87 W 481.09 FEET TO THE POW OF BEGINNING, CONTAINING 5.65 ACRES, MORE OR LE SHINGTON COUNTY, ARKANSAS.