HomeMy WebLinkAboutOrdinance 4612FiLeu
ORDINANCE NO.4612 #0y C. p 9 Pn 2 46
AN ORDINANCE ANNEXING THAT -"PROP-I`kIP)YITCrr,1Q
DESCRIBED IN ANNEXATION PETITION! APNX��4;ll�7LE
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ANNEXING TO THE CITY OF FAYETTEVIL�E;'ARKANS
CERTAIN PROPERTY OWNED BY THE AS FAMILY
TRUST LOCATED SOUTH OF HUNTSVILLE ROAD WEST
OF ROBERTS ROAD CONTAINING APPROXIMATELY 1.97
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:
ATTEST:
GOODY,
By: V4)421sd AJ &A�X� �U;FAYETTEVILLE•
SONDRA SMITH, City Clerk c
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IIIIIII (IIIII III IIIII IIIII IIIII IVII IIIII IIIII IIIII IDoc ID: IIII IIIII IIIII IIIII IIII IIII
Recorded: 09/09/2004at 0T02:29:51 PM
Fee Amt: $11.00 Pace 1 of 2
Washington Countv. AR
Bette Stamps Circuit Clerk
F11e2004-00037320
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EXHIBIT "A"
RZN 04-1073, AMES
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
SOUTHEAST CORNER OF SAID SW '/4 OF THE NW '/4 OF SAID SECTION 19,
AND CONTINUING THENCE N86-45-04 W 7.86 FEET TO A NAIL AND BOTTLE
CAP AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID 40 ACRE
TRACT AND THE COUNTY ROAD NO. 170 CENTERLINE, SAID POINT BEING
NO2-46-52 E, 2,640.00 FEET AND S 86-45-04 E 1052.02 FEET FROM THE
SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE
ALONG THE CENTERLINEOF SAID COUNTY ROAD NO2-33-40 E 60.97 FEET
(DEED CALL 60.30 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING
IN THE CENTERLINE OF SAID COUNTY ROAD NO. 170; THENCE N86-50-21 W
305.18 FEET TO A FENCE CORNER; THENCE ALONG A DEED CALLED FENCE
NO2-28-59 E 281.93 FEET TO A FENCE CORNER; THENCE ALONG A FENCE S86-
54-30 E 305.56 FEET TO THE CENTERLINE OF SAID COUNTY ROAD NO. 170;
THENCE ALONG SAID ROAD CENTERLINE S02-33-40 W 282.29 FEET TO THE
POINT OF BEGINNING, CONTAINING 1.978 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
09/09/2004 02:29.51 pM
and recorded in Real Estate
File Number 2004-00037320
Bette Stamps • Circuit Clerk
by
RECEIVED
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANsSAV 13 2W
CITY OF FAYETTEVILLE
IN THE MATTER OF THE PETITION OF CERTAIN CITY CLEWS OFFICE
PROPERTY TO THE CITY OF FAYETTEVILLE, c o�
WASHINGTON COUNTY, ARKANSAS
NO. CC oo W m
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PETITION TO ANNEX TERRITORY TO "
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Comes now the petitioner, Paul Ames as Trustee of the AMES FAMILY TRUST anHor his 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:
That petitioner, Paul Ames as the trustee of the AMES FAMILY TRUST, 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 his 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 he will do any
and all legal acts necessary to accomplish the objective set forth herein.
Page 1 of 2
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 - �4 day of Wrk 1, , 2004.
AMES FAMILY TRUST
QL
Paul Arfles, Trustee
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the 2 AL day of ��j Q Cf. h 2004.
My Commission Expires: S-e n j
Page 2 of 2
EXHIBIT "A"
AMES VICINITY MAP E-695
N,T,S,
A part 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 Southeast Comer of said SWIM of the NW 1/4 of said Section 19, and continuing
thence N 86-45-04 W 7.86 feet to a nail and bottle cap at the intersection of the South Boundary of said
40-acre tract and the County Road No. 170 Centerline, said point being N 02-46-52 E, 2,640.00 feet and S
86-45-04 E 1052.02 feet from the Southwest Comer of said Section 19, AND continuing thence along the
centerline of said County Road N 02-3340 E 60.97 feet (Deed Call 60.30 feet) to the point of beginning;
said point being in the Centerline of said County Road No. 170;
Thence N 86-50-21 W 305.18 feet to a fence comer,
Thence along a Deed Called fence N 02-28-59 E 281.93 feet to a fence comer,
Thence along a fence S 86-54-30 E 305.56 feet to the centerline of said County Road No. 170;
Thence along said Road Centerline S 02-3340 W 282.29 feet to the point of beginning, containing 1.978
acres, more or less, Washington County, Arkansas.
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IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANS Z
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IN THE MATTER OF THE PETITION OF CERTAIN o ; ~
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PROPERTY TO THE CITY OF FAYETTEVILLE, n
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WASHINGTON COUNTY, ARKANSAS C-� m :;a 3
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ORDER SETTING HEARING DATE
On this j� of V% , 2004, upon Petition to annex certain property into
the City of Fayetteville, Washington County, Arkansas, pursuant to A.C.A. Section 14-40-601.
The Court finds as follows:
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 �iY� c� 2004, at
tG:C3.m.atthe 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
.m.kRYFINTON, Count Judge
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IN THE COUNTY COURT OF WASHINGTON COUNTY :�E c'
IN THE MATTER OF:
_
ANNEXATION OF CERTAIN LANDS TO THE
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CITY OF FAYETTEVILLE, ARKANSAS
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ORDER OF ANNEXATION o
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Now on this l03� day of c( 2004, this cause comes on to be heard,
the Petitioner, Paul Ames as Trustee of the AMES FAMILY TRUST who is represented by the
Engineer of Record, Melvin Milholland, 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 tiled
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 the3j�5t day of ArcY _, 2004 at
which time this Court fixed the wf�day of AACtij 2004, at 10e;L.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.
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
Page 1 of 2
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I IIIIIII IIIIII III III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII uu IIII
Doc ID: 007230630003 TVDe: REL
Recorded: 05/06/2004 at 10:27:59 AM
Fee Amt: $14.00 Pace 1 of 3
Hashinoton Countv. AR
Bette Stamen Circuit Clerk
Flle2004-00017358
Petition and constitutes the real owner of the area affected.
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. I of the Acts of the Legislature of 1975
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 shal I
be duly recorded by the Clerk of Washington County.
IT IS SO ORDERED this day of 2004.
T e Ho orabl Jerry Hunton
Wa'ghegton Co ty Judge
Page 2 of 2
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EXHIBIT "A"
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AMES VICINITY MAP E-695
N,T,S.
Apart of the SW IA of the NW I/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described
as commencing at the Southeast Corner of said SW IA of the NW I/4 of said Section 19, and continuing
thence N 86-45-04 W 7.86 feet to a nail and bottle cap at the intersection of the South Boundary of said
40-acre tract and the County Road No. 170 Centerline, said point being N 02-46-52 E, 2,640.00 feet and S
86-45-04 E 1052.02 feet from the Southwest Comer of said Section 19, AND continuing thence along the
centerline of said County Road N 02-33-40 E 60.97 feet (Deed Call 60.30 feet) to the point of beginning,
said point being in the Centerline of said County Road No. 170;
Thence N 86-50-21 W 305.18 feet to a fence comer;
Thence along a Deed Called fence N 02-28-59 E 281.93 feet to a fence comer;
Thence along a fence S 86-54-30 E 305.56 feet to the centerline of said County Road No. 170;
Thence along said Road Centerline S 02-33-40 W 282.29 feet to the point of beginning, containing 1.978
acres, more or less, Washington County, Arkansas.
• 0
State of Arkansas
o r Secretary of State
i i ay FILED BuahlesaYCommer<ial Services 662570
r rlettinuv � 681.5070
0 1u C;rn 9 Building a orouna• 682-3532
�klrANA 20 P� 2 ffemmuniaationa R Cduculion 0834057
t to capltnl Police 683.5173
Charlie Daniels li l.�I�._rl `.1 , _ Business oonce 602.8032
Secretary Of State C 0. Ir,�ll lr l; IOPrpration Technology 6a3.3411
a f `I0�.47( 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
1st 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
4612
CC-2004-14
-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 1-800.482-1127 or 692-3451.
Sincerely,
Leanna Godley
Election Services Representative
Room 256 State Capitol • little Rack, Arkansas 72201-1094
501.602.1010 • Pax SOI-682.3510
r-mait: so%0aristotle.net • w.9os.arka"sas.gov
6 d OE096r9199'0N/ZZ 9l'1SAZ 51 VOOZ OZ d]S(INOW)
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NAME OF FILE: Ordinance No. 4612
w/Ex. A
CROSS REFERENCE:
Item # Date Document
1 07/13/04 memo to mayor & City Council
2 draft ordinance w/Ex. A
3 memo to Planning Commission
4 memo to Planning Commission
5 letter to Dawn Warrick from Police Dept.
6 Petition to Annex Territory, CC2004-14
7 Ex. A
8 Order of Annexation, CC2004-14
9 Ex. A
10 Letter from Milholland Company
11 copy of Planning Commission minutes
12 copy of Close Up View
13 copy One Mile View
14 Staff Review Form
15 memo to Dawn Warrick
16 Affidavit of Publication
17 copy of Petition to Annex Territory
18 copy of Order Setting Hearing Date
19 copy of Order of Annexation
20 letter from Sec. of State office
21 copy of letter from Sec. of State office
22
23
24
25
NOTES:
09/09/04 filed at Wash. Co. Circuit Clerk
City Council Meets , of August 03, 2004
Agenda Item Number
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CITY COUNCIL AGENDA MEMO A7V5 F,*,9,ly
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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 Ames Trust (ANX 04-1073)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Ames Trust. This
action will incorporate a 1.97 acre tract of land contiguous with the city limits into the
City of Fayetteville.
BACKGROUND
The subject property contains approximately 1.97 acres of vacant property located south
of Huntsville Road and west of Roberts Road. The proposed annexation 04-1071 of
approximately 5.66 acres adjoins this property to the west. Should the annexation of the
aforementioned property not be annexed into the City, the subject property of 1.97 acres
will not adjoin any portion of the existing city boundary and would therefore not be
eligible for annexation by petition according to Arkansas State statute.
The applicant intends to develop a single family residential subdivision in conjunction
with the property to the west. Development of this property will allow for development
in accordance with City regulations and connectivity to Roberts Road. The applicant
requests annexation into the City of Fayetteville.
DISCUSSION
This annexation request was tabled by the Planning Commission on June 14, 2004 at the
request of the applicant. 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.
0 •
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 04-1073
ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
CERTAIN PROPERTY OWNED BY THE AMES FAMILY
TRUST LOCATED SOUTH OF HUNTSVILLE ROAD WEST
OF ROBERTS ROAD CONTAINING APPROXIMATELY 1.97
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 I 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.
APPROVED:
By:
ATTEST:
By:
Sondra Smith, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
RZN AMES
A PART OF THE SW %4 OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE 5T"
PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST
CORNER OF SAID SW '/4 OF THE NW '/4 OF SAID SECTION 19, AND CONTINUING
THENCE N86-45-04 W 7.86 FEET TO A NAIL AND BOTTLE CAP AT THE
INTERSECTION OF THE SOUTH BOUNDARY OF SAID 40 ACRE TRACT AND THE
COUNTY ROAD NO. 170 CENTERLINE, SAID POINT BEING NO2-46-52 E, 2,640.00 FEET
AND S 86-45-04 E 1052.02 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION
1% AND CONTINUING THENCE ALONG THE CENTERLINEOF SAID COUNTY ROAD
NO2-33-40 E 60.97 FEET (DEED CALL 60.30 FEET) TO THE POINT OF BEGINNING;
SAID POINT BEING IN THE CENTERLINE OF SAID COUNTY ROAD NO. 170; THENCE
N86-50-21 W 305.18 FEET TO A FENCE CORNER; THENCE ALONG A DEED CALLED
FENCE NO2-28-59 E 281.93 FEET TO A FENCE CORNER; THENCE ALONG A FENCE
S86-54-30 E 305.56 FEET TO THE CENTERLINE OF SAID COUNTY ROAD NO. 170;
THENCE ALONG SAID ROAD CENTERLINE S02-33-40 W 282.29 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.978 ACRES, MORE OR LESS, WASHINGTON
COUNTY,ARKANSAS.
u
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: July 7, 2004
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.
Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation subject to the approval of ANX
04-1071 (Jones) based on the findings included as part of this report. This property will
not be eligible for annexation should ANX 04-1071 (Jones) be denied by the City Council.
PLANNING COMMISSION ACTION: Required YES
0 Approved O Denied
July 12, 2004
CITY COUNCIL ACTION:
Date: August 03, 2004
BACKGROUND:
Required YES
O Approved O Denied
This annexation request was tabled at the Planning Commission meeting of June 14, 2004 at the
request of the applicant.
Property description: The subject property contains approximately 1.97 acres of vacant property
located south of Huntsville Road and west of Roberts Road. The proposed annexation 04-1071
of approximately 5.66 acres abuts this property to the west. Should the annexation of the
aforementioned property not be annexed into the City, the subject property of 1.97 acres will not
adjoin any portion of the existing city boundary and would therefore not be eligible for
annexation by petition according to Arkansas State statute.
K:Weports12004WC Reports107-12-0414A'X04-1071 (Ames Tmst).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 proposes
to rezone the 1.97 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request,
RZN 04-1074, 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.
Recommendation: Staff recommends approval of the proposed annexation upon condition that
the City Council approve ANX 04-1071 (Jones). The annexation of the subject property into the
K:IReporU120041PC Reports107-I2-04WN.V O4-IO7I (Ames Trust).doc
9
City of Fayetteville will create allow for connectivity between Stonebridge Meadows Subdivision
Phase I and Roberts Road. 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 family residential
Planning Area
East
Single family residential
Planning Area
West
Vacant [proposed ANX 04-
1071 Jones
Planning Area [proposed RZN 04-1072 (Jones)
from R-A to RSF-4
INFRASTRUCTURE:
Streets: Street improvements will have to be extended through the site for any future
development. Roberts Road will also need to be improved the length of the
project frontage. The need for off -site improvements will be further evaluated at
the time of development proposal.
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 Phase I Subdivision)
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 3.17 miles from Fire Station #5. Normal driving
time is 7-8 minutes. The property is located 2.34 miles from the future Fire
Station #3. Normal driving time is 4-5 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:IRepora12004iPCReporuIO7-12-04WN.Y04-1071 (Ames Tru t).do
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 create an extension of the city boundary to
Roberts Rd. Provided ANX 04-1071 is approved, the incorporation of this
property will not result in the creation of an island, nor will it create a peninsula
of substantial area.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: If the property to the west is annexed, the proposed annexation area will be
adjacent to the City Limits along its west property boundary. If ANX 04-1071 is
denied, this property would not be eligible for annexation, because it would not
adjoin the city limits.
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.
11.6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines.
1.6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 7 to 8 minutes for fire
protection from Fire Station #5 and 4-5 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.
An 8" sewer main to the west of this property has been stubbed out from the
K. IReportv11004NCRepores107-11-0414NX04-1071 (Ames Trus#.doc
An 8" sewer main to the west of this property has been 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 has not been identified on this property. Staff
has received comment from a former property owner with regard to concerns of
on -site drainage.
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.,Mepora12004NCReporUI07-12-04WNX04-I071 (Ames Tmst).doc
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 Poliee
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.
K.,WeportsUO04NCReporu107-12-0414NX04-1071 (Ames Tnlsat).doc
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, in conjunction with ANX 04-1071(Jones), will
create an acceptable boundary within the city limits.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: A fiscal impact assessment has not been conducted for this property.
K. IRepors00041PCRepor[s107-12-04WNX04-1071 (Ames TmsO.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.
1 1.6.d Boundaries for annexed areas should follow natural corridors.
1.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
1 I.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.
1 1.6.k 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.
1.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K.lReporuUO04WCReportr107-11-0414NX04-1071 (Ames Tmsi).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 04-1073: 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.
Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN
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 RSF4, Residential
Single-family, 4 units per acre.
Property Owner: AMES FAMILY TRUST 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
FAYEZ PEVILLE
THE CITY OF FAYETfEVILLE, ARKANSAS
June 8, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
OECEIVED
JUN 0 9 2004.
PLANNING DIV.
This document is in response to the request for a determination of whether the proposed
Annexation ANX 04-1073 (Ames Trust, pp 569) and Rezoning RZN 04-1074 (Ames
Trust, pp 569) submitted by Millholland Company for property located on the west side
of Roberts Road, S or Hwy 16E 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,
ictn nant William Brown
Fayetteville Police Department
POLICE DEPARTMENT
_TTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE 10O-A WEST ROCK STREET 72701
BOX 1988 JAIL 140-A WEST ROCK STREET 72701
SfEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX:501-587-3522
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FROM WACO CLERK • (WED)MAR 31 2004 10" 810:53/NO.6314274899 P 2
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN ;n
PROPERTY TO THE CITY OF FAYETTEVILLE, " c
�? T -
WASHINGTON COUNTY, ARKANSAS ie
3
NO. Cco�00 w -.r
t� r
�v 3 O
PETITION TO ANNEX TERRITORY TO 74 CO
Comes now the petitioner, Paul Ames as Trustee of the AMES FAMILY TRUST anHor his 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:
That petitioner, Paul Ames as the trustee of the AMES FAMILY TRUST, owns the
real property described on the Plat Map, Exhibit "A", attached hereto and made a pan
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 his 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 pan of the City of
Fayetteville, Washington County, Arkansas, and petitioner states that he will do any
and all legal acts necessary to accomplish the objective set forth herein.
Page 1 of 2
FROM WACO CLERK - � 0 (WED)MAR 31 2004 10" 8T 10:53/NO. 6314274899 P 3
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 day of mr� �, 2004.
AMES FAMILY TRUST
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the Ll day of /11 Q Cc 2004.
My Commission Expires: S-e pt 1) a00L/
Page 2 of 2
FROM WACO CLERK
10:53/NO.6314274899 P
EXHIBIT
VILINI I Y
N,T,S,
PROJECT
LOCATION
A part of the SW1/4 of the NW1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described
as commencing at the Southeast Comer of said SWIA of the NW 1 /4 of said Section 19, and continuing
thence N 86-45-04 W 7.86 feet to a nail and bottle cap at the intersection of the South Boundary of said
40-acre tract and the County Road No. 170 Centerline, said point being N 02-46-52 E, 2,640.00 foot and S
86-45-04 E 1052.02 feet from the Southwest Coma of said Section 19, AND continuing thence along the
centerline of said County Road N 02-33.40 E 60.97 feet (Deed Call 60.30 foci) to the point of beginning;
said point being in the Centerline of said County Road No. 170;
Thence N 86-50-21 W 305.18 fed to a fence comer,
Thence along a Dodd Called fence N 02-28-59 E 281.93 feet to a fence comer,
Thence along a fence S 86-54-30 E 305.56 foot to the centerline of said County Road No. 170;
Thence along said Road Ccnlsatine S 02-33-40 W 282.29 feet to die point of beginning, containing 1.978
acres, mote 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
NO. CC 2Cz4-14
ORDER OF ANNEXATION
Now on this l9 N day of AA01 2004, this cause comes on to be heard,
the Petitioner, Paul Ames as Trustee of the AMES FAMILY TRUST who is represented by the
Engineer of Record, Melvin Milholland, 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:
The Petition in this cause was filed on the3/5fday of Mqrck _, 2004 at
which time this Court fixed the Oday of AAQ N 2004, at _ 0 eL.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.
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
11111111111111111011111 111111111111
Doc ID: 007230530003 TVDe: REL
Recorded: 05/06/2004 at 10:27:59 AM
Page 1 of 2 Fee Amt: $14.00 Paoe I of 3
4ashlnoton Countv. AR
Bette Stamps Circuit Clerk
File2004-00017358
,)e 1•
Petition and constitutes the real owner of the area affected.
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 6-f^? day of mt 2004.
he H nora le erry Hunton
Wa&kington County Judge
Page 2 of 2
EXHIBIT "A"
WYMAN RD.
0
r- PROJECT
LOCATION of
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AMES VICINITY MAP E-695
N,T,S.
A part of the SW 1/4 of the NW1/4 of Section 19, T-16-N, R-29-W of the 5th Principal Meridian, described
as commencing at the Southeast Corner of said SW 1/4 of the NW 1/4 of said Section 19, and continuing
thence N 86-45-04 W 7.86 feet to a nail and bottle cap at the intersection of the South Boundary of said
40-acre tract and the County Road No. 170 Centerline, said point being N 02-46-52 E, 2,640.00 feet and S
86-45-04 E 1052.02 feet from the Southwest Comer of said Section 19, AND continuing thence along the
centerline of said County Road N 02-33-40 E 60.97 feet (Deed Call 60.30 feet) to the point of beginning;
said point being in the Centerline of said County Road No. 170;
Thence N 86-50-21 W 305.18 feet to a fence comer;
Thence along a Deed Called fence N 02-28-59 E 281.93 feet to a fence comer;
Thence along a fence S 86-54-30 E 305.56 feet to the centerline of said County Road No. 170;
Thence along said Road Centerline S 02-33-40 W 282.29 feet to the point of beginning, containing 1.978
acres, more or less, Washington County, Arkansas.
Washington County, AR
I certify this instrument was filed on
05/06/2004 10:27:59 AM
and recorded in Real Estate
File Number 2 04-00017358
Bette Stamps Circuit Clerk
by
I6CEIVED
�� JUN 1 4--2004�E
LJ Company REG TIONS:
PLANNING DIV. " PE: AR, MO
McMn L. Milholland, PE, PLS PLS: AR
June 14, 2004 Project No. E-695
FAYETTEVILLE
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
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.
Z/
Your cooperation and willingness to assist in this matter are appreciated.
Sincerely,
Milholland Company
%
For: r G�
Thomas M. Jefcoat, RLA
Projects Manager
cc: Clint McDonald, Vera Jones
205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 443-4724; Far (479) 443A707; E-mail: MC0en r a swbell.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.
Planning Commission
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.
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.
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 e
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?
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 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.
Planning Commission •
June 14, 2004
Page 62
Ostner: The next item is ANX 04-1073.
11311W17►1RI
Shackelford: I will make a motion that we table ANX 04-1073 at the applicant's
request.
Anthes: I will second.
Ostner: I have a motion and a second. Is there further discussion?
Roll Call: Upon the completion of roll call the motion to table ANX 04-1073 was
approved by a vote of 8-0-0.
Planning Commission •
June 14, 2004
.Page 63
Ostner: The last item is RZN 04-1074 for Ames Trust.
MOTION:
Shackelford: Based on the applicant's request I will make a motion that we table RZN
04-1074.
Anthes: I will second.
Ostner: Is there further discussion?
Roll Call: Upon the completion of roll call the motion to table RZN 04-1074 was
approved by a vote of 8-0-0.
Announcements
Meeting Adjourned:
9
ANXO4-1073
Close Up View
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STAFF REA FORM - NON -FINANCIAL OBLAION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: August 3, 2004
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
ANX 04-1073: Annexation (Ames Trust, pp569) was submitted by Mel Milholland for property located on the
west side of Roberts Road south of Huntsville Road containing approximately 1.97 acres. The request is to
annex the subject property into the City of Fayetteville.
STAFF RECOMMENDATION: Approval.
A //101 C' Received in Mayor's Office y 64
Division Head Da' e Date # r
City Attorney Date
Cross Reference:
Department Director Date
4 Previous Ord/Res#:
—1.
Finance & Internal Services Dir. Date Orig. Contract Date:
7- 11 -0Orig. Contract Number:
Chief ministrative Officer Date
New Item: Yes No
Mayor Date
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 682-340S
Elections 682-507C
Building & Grounds 682-3532
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
Znd Class City
Incorporated Town
County: Washington City: Fayetteville
Ordinance No. -
Co. Order No
Plat
Election
Island
Ordinance No.
Co. Order No.
Plat
Election
4612
CC-2004-14
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 1-800-482-1127 or 682-3451.
Leanna Godley
Election Services Representative
RECEIVED
SEP 2 0 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Room 256 State Capitol • Little Rock, Arkansas 72201.1094
501.682-1010 9 Fax 501.682.3510
e-mail: sos@aristotle.net • w .sos.arkansas.gov
FAYETTEVMLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 576-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman 1
City Clerk Division
Date: August 23, 2004
Re: Ordinance No. 4612
Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving
annexation petition ANX 04-1073 of property located south of Huntsville Road west of Roberts Road
containing 1.97 acres and owned by Ames Family Trust.
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
NORTHWbST ARKANSAS EVITION
Arkansas Democrat 7V(f)azcW
AFFIDAVIT OF PUBLICATION
I, Ldo solemnly swear that I am
Leg I 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 adv'ertisement of:
'Plo was inserted in the regular editions on
PO#
** Publication Charge: $ /of tIq
Subscribed and sworn to before me this
- day of A L'iq 2004.
Notary Public
My Commission Expires: o JS
** 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 9 (501) 442-1700
0
IRDINANCB NO. "12
:E ANNEXING THAT PROPERTY yermfe
ANNEXATION PETRIONANX00-10731E CRY OF D 13YTTHEA, AFIES FA AS
fiTY OWNED N THE AROA FAMILYSOUTH AI HUNTSVROXROAD WEST AD CONTAINING APPROpMATELY 1.97
11
IT ORDAINED BY THE MY COUNCIL OF THE CHAT OF FAYHTTEVILLBv ARKANBA
."on 1: That MO City Cd hereby cmElfrts the OnnOratbn to Me City of Fayetteygio. Arkahees,
Property ascribed in E4NNI'A* attached hereto end made a pert hereof.
:tlon 2: The offidel map of the City of Fa"n&Ale, Adransgs, is hereby, amended to reAer.Y dIa than
Aged In Section 1 above.
tiotion 3: That thetlon o11R- R� Wig City of Faye MIS. Arkerege is hereby ,he cW to a$0
A9dcNhael to Me wble0l property.
"on 4: That the ebwe.deconbed popelly is Hereby essigrgd to Ward No. One.
*ED ami APPROVED the 17M day of August. 2004
EXHIBIT -A-
R7N 04:1073. AMES
THE SW 1/4 OF THE NW 1/4 OF SECTION 19, T-1&N, R-29.W OF THE 5TH I
DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SW I.
SAID SECTION 19, AND CONTINUING THENCE NB6-45-04 W 7.90 FEET TO A
IP AT THE INTERSECTION OF THE SOUTH R fi nAw nc cI'm ..... ` _
rsi A.