HomeMy WebLinkAboutOrdinance 4711 0087012 002 TvDe : REL
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Records 01/OO,Peoe St of2237 29 PH
Meshlnoton county . AR
F11e2005-00030658
ORDINANCE NO. 4711 -- -
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1470 FOR
PROPERTY LOCATED AT 5150 AND 5270 E. HUNTSVILLE
RD. AND CONTAINING APPROXIMATELY 29.59 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 7t' day of June, 2005 .
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; FAYETTEVILLE ; _ By:
•. •h= DAN COODY, Mayo
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ATTEST: GTO
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By.
SONDRA SMITH, City Clerk y o
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EXHIBIT "A"
ANX 05-1470
PROPERTY TO BE ANNEXED (ENTIRE) PART OF THE WI/2, NWl /4 OF SECTION 20,
TI6N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NWl /4 THENCE N000151344'E 335 .00
FEET TO THE P.O. B., THENCE N00015 '3411E 1370.44 FEET, THENCE S84014926" E 412.50
FEET, THENCE N63015134"E 250.79 FEET, THENCE S87044126"E 1 .41 FEET, THENCE
S87044126"E 262.75 FEET, THENCE N6201Y34"E 36.61 FEET, THENCE S000159349W
1421 .62 FEET, THENCE S8905215915W 294.91 FEET, THENCE S89052159"W 635.48 FEET
TO THE P.O.B.; CONTAINING 29.59 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
Washington County, AR
I certify this instrument was filed on
07/14/2005 02:37:29 PM
and recorded in Real Estate
File Number 2005-00030858
Bette Stamps - Circuit Cle
by
• City Council i';t'eting of June 07, 2005
Agenda Item Number I
CITY COUNCIL AGENDA MEMO `f1 �
To: Mayor and City Council A° ). 1)5 - # 7al
Thru: Gary Dumas, Director of Operations Salo
D , / ��
From: Jeremy C. Pate, Director of Current Planning$ 7�'^
Date: May 20, 2005
Subject: Annexation for Phillips/Baggett (ANX 05- 1470)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Phillips/Baggett, a
29.59-acre tract located north of Huntsville Road . This action will incorporate the
29.59-acre tract of land contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property contains 29.59-acres owned by the Phillips and Baggetts. It is
located north of Huntsville Road (Hwy 16 East) and Sequoyah Meadows Subdivision.
Property to the east is owned by the Lanes and currently under consideration for
annexation into the City of Fayetteville. At this time, the property is currently used for
pasture and single family residential use. It is within the Planning Area and adjacent to
the City limits along the southern property line and east property line should the
proceeding ANX 05- 1451 be approved by the City Council . The West Fork of the White
River is the northern boundary of the subject property, and a tributary of this river bisects
the eastern portion of the property.
Annexation of the property will not create an island of unincorporated property, and
extends the city limits north to the West.Fork of the White River, a natural barrier. Water
and sewer service shall be extended to the property at the time of development.
Improvements to the existing infrastructure adjacent to this site and construction of
streets in compliance with the Master Street Plan will be required at the time of
development. City fire and police currently service the adjoining neighborhoods.
The applicant requested annexation of the property into the City of Fayetteville. A
rezoning request has also been submitted, for RSF-4 zoning. The applicant intends to
develop the property for residential use within the City of Fayetteville.
Staff recommended approval of the proposed annexation. No public comment was
received for this item.
DISCUSSION
This item was heard at the regular Planning Commission on May 09, 2005 . The Planning
Commission voted 8-0-0 to forward this item to the City Council with a recommend of
approval.
BUDGETIMPACT
None.
i •
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1470 FOR
PROPERTY LOCATED AT 5150 AND 5270 E. HUNTSVILLE
ROAD CONTAINING APPROXIMATELY 29.59 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 2005.
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
EXHIBIT "A"
ANX 05-1470
PROPERTY TO BE ANNEXED (TRACT 1 )
PART OF THE W1 /2, NW1 /4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY/DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NW1/4,THENCE N00015534"E 335 .00
FEET TO THE P.O.B., THENCE N00° 15 '34"E 1370.44 FEET, THENCE
S84014'26"E 412.50 FEET, THENCE N63015534"E 250:79 FEET, THENCE
S87044'26"E 1 .41 FEET, THENCE S00015534"W 1440.54 FEET, THENCE\
S89052559"W 635 .48 FEET TO THE P.O.B.; CONTAINING 19.87 ACRESIMORE
OR LESS SUBJECT TO EASEMENTS AND RIGHT,OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT 2) 11 If v
PART OF THE WI/2 NW 1 /4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEINGMORE PARTICULARITY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NW1/4 THENCEN00015 ' 34"E 335 .00
FEET, THENCE N89052 ' 59"E 635.48 FEET TO THE P.OB., THENCE
N0001 5 '34"E 1440.54 FEET, THENCE S87044.126jE 262:73 FEET, THENCE
N6201593455E 36.61 FEET, THENCE S00015 '34�W 1446.62 FEET, THENCE
S89052159"W 29j'911 FEET TO THE P.O.B. ; CONTAINING 9.72 ACRES MORE OR
LESS SUBJECT TO EASEMENTS'AND RIGHT`OF WAY RECORD.
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dyC ue le PC Meeting of May 25 , 2005
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 4, 2005
ANX 05-1470: Annexation (PHILLIPSBAGGETT, 571 ): Submitted by MICHELE, A
HARRINGTON for property located at 5150 AND 5270 E HUNTSVILLE RD. The property is
in the Planning Area and contains approximately 29.59 acres. The request is to annex the subject
property into the City of Fayetteville.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
PLANNING COMMISSION ACTION: Required YES
® Approved O Denied
Date: May 09, 2005 9 - 0 - d
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 07, 2005 (I 't reading if recommended)
BACKGROUND:
Property description: The subject property contains part of two tracts totaling 29.59-acres
owned by the Phillips and Baggett. It is located north of Huntsville Road (Hwy 16 East) and
Sequoyah Meadows Subdivision. Property to the east is owned by the Lanes and currently under
consideration for annexation into the City of Fayetteville. At this time, the property is currently
used for pasture with several single family homes located on the property. It is within the
Planning Area and adjacent to the City limits along the southern property line and east property
line should the proceeding ANX 05- 1451 be approved by the City Council. The West Fork of
the White River is the northern boundary of the subject property, and a tributary of this river
bisects the eastern portion of the property.
Proposal: The applicant proposes annexation of 29.59 acres into the City of Fayetteville.
K.Weporuld005PC Reporu105-09-05WN.1' 05-1470 (Phillips & Baggett).doc
0 0
Recommendation: Staff recommends approval of the proposed annexation based on the finding
herein.
SURROUNDING LAND USE AND ZONING
Direction I Land Use Zoning
North West Fork of the White River; pasture Planning Area
South Vacant/Pasture R-A, Residential Agricultural
East Vacant/Pasture Planning Area (RSF-4, Res. Single Family
— 4 units/acre proposed)
West Single Family Home; pasture Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to East Huntsville Road. Road improvements per
AHTD and dedication per the master street plan are required.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial)
East: Mally Wagnon (Collector), Country Ridge and Deerfield Way (Local)
Water: Public water is adjacent to the site. There is an 8" main along East Huntsville
Road. Water service will need to be extended within the property at the time of
development. Additional connections may be required to complete a looped
system. This may include an off-site connection to be determined at a later date.
Sewer: The site has access sanitary sewer. There is a 6" sewer main along the east half of
the property. Sewer will need-to be extended within the property at the time of
development. A capacity analysis of the sewer lines and/or lift stations
downstream of the site shall be conducted prior to development.
Fire: The subject property is located approximately 3 .9 miles from the Fire Station #5 .
Response time to the property is 8 minutes with a projected response time at full
build-out to be approximately 8 minutes with 34 annual calls for service. This
does not take into account the decreased response time for the future Fire Station
at the Tyson complex on Huntsville Road.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density or create an undesirable increase the
load on police services nor will it create an appreciable increase in traffic danger
and congestion in the area.
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
K lRepora 70051PC Reports105-09-05W NX 05-1470 (Phillips & BaggesQ.do
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: Annexation of the property will not create an island of unincorporated property
and does not exacerbate problems created by the extension of peninsulas. Due
to rapid growth, the City of Fayetteville in the 1960's annexed a peninsula of
property to incorporate Lake Sequoyah, a primary water source, within the city
limits. Since this time, the City has annexed several properties north and south
of the 600' Huntsville corridor. The proposed annexation, while extending this
existing peninsula, does not extend further north than the surrounding city
boundaries. In fact, it begins to "fill in" the land that is encompassed on all
sides but the north by existing city limits. Therefore, staff finds that the
proposed annexation will not further exacerbate any problems associated with
the current situation.
11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the City Limits to the south.
Should ANX 05-1451 be approved by the City Council, the property will abut
the city limits along its eastern boundary, as well.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently vacant at this time and located between properties within
the city. There are several surrounding subdivisions north and south of
Huntsville Road. Structures on the subject property consist of several single
family dwellings. The property does not consist of defined subdivisions or
neighborhoods; however, future development plans include residential
development of the property. Annexation of the property would allow for .
Planning Commission review of development in accordance with City
standards, and would require the same standards of development as the
adjacent properties already within the city limits.
11 .6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels. The northern
boundary of the annexation follows a natural corridor created by the White
River. There are no anticipated of planned crossings of the river in this area,
which creates a natural boundary for development.
K.WeporuQ005TC Reporu105-09-05W .Y05-1470 (Phillips Bo Baggefi).doc
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11 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 8 minutes for fire protection
from Fire Station #5. Response times are anticipated to be reduced with the
construction of a new fire station on Huntsville Road at the Tyson Plant.
Additionally, the City's Fire Department currently responds to calls much
further west and north of this property, with much higher response times.
Extension of water and sewer lines will occur at the time of development to
aid in the improvement of services.
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: The property is mainly cleared pasture land. Tree canopy is concentrated along
property lines and within the riparian corridor of the West Fork of the White
River. This river acts as a natural barrier from this property to the north.
Development regulations within the City will ensure appropriate development
and preservation of the existing natural features on the property. Development
outside the city does not allow for the requirement of parks, open space or tree
preservation. .
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: 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 or create and appreciable increase in traffic danger
and congestion in the area.
11 .6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police currently serve subdivisions further east of the subject property.
Service shall be provided to this area with the same level of response and service
as other developments in this area.
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.
K:IReporu120051PC ReportsIO5-09-05UN.V OS-1470 (Phillips & Baggett).d"
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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 the surrounding
areas. The subject property is not being served by city utilities at this time.
11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to sewer and street systems and installation of fire hydrants
would be made necessary by the annexation should additional development
occur on the subject property, At this time, the property is agricultural in
nature,
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, though it has been discussed as desirable for annexation in past task
force meetings. It is, however, located adjacent to another parcel of property
requesting annexation into the City of Fayetteville. In a location where the
current city boundary extends only 300' from Huntsville Road, expanding .
the city limits north to the river will create a more appropriate City
boundary and allow for development to occur under city guidelines,
Additional property to the west is currently under consideration for
annexation as well.
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
property owners request for annexation and request to rezone this property
K.IReporu170051PC Reporu105-09-05WN,Y05-1470 (Phillips & BaggeiQ.doc
RSF-4, Residential single family - 4 units/acre. Additionally, the applicants
request to rezone the southern portion of their property that is currently within
the City and zoned R-A to RSF-4.
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 property.
11 .6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. At the time the applicant
desires to develop the property, the applicant will be required to submit project
plans for review and approval by the Planning Commission.
11 .6.r Residents should be fully informed of annexation activities.
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 consists of 29.59 acres owned by the Phillips and Baggetts. The
property owner to the east has also received an Order of Annexation from the
County and has submitted a request for annexation of approximately 24 acres.
The annexation of all properties will incorporate a larger area into the City and
create a more acceptable boundary, with the West Fork of the White River a
natural boundary to the north. As additional petitions of annexation are
submitted, the annexation of additional property to create a city boundary
which follows the existing natural barriers (i.e. the riparian corridors) and the
existing streets will create an even more desirable city boundary.
11 .6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 29.59 acres.
K:IReporul20051PCReporuIO5-09-05WN.V 05-1170 (Phillips `F Baggeti).do