HomeMy WebLinkAboutOrdinance 4610• 0
FILED
ORDINANCE NO. 4610 ,oy UCP 9 r, 2 is
AN ORDINANCE ANNEXING THAT CO
ERfDyar? � TIC
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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
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NO.
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PETITION TO ANNEX TERRITORY TO m s ro
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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:
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Page 2 of 2
EXHIBIT "A"
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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
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NO. CC 2CC4. -/.5
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ORDER OF ANNEXATION Z n v
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Now on this 164day
'-
of rA
2004, this cause Rr42s en
to 52 heard,'
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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
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Recorded: 10:
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Amt: $14.00/Pace lof 3
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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"
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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"
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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
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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
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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
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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.
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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.