HomeMy WebLinkAboutOrdinance 4808 Doc ID : 009572860002 TVDe : REL
Recorded : 01/20/2006 at 03 : 57 : 57 PM
Fee Amt : $11 . 00 Paae 1 of 2
Mashlnaton Countv . AR
Bette Stamos Circuit Clerk
ORDINANCE NO. 4808 File2006�00002859
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1811 FOR
PROPERTY LOCATED NORTH OF HWY 16E, NORTH OF
DEERFIELD WAY, CONTAINING 3 .75 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: That 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 20th day of December, 2005.
APPROVED:
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By:
; FAYETTEVILLE ; = DAN COODY, Mayor
ATTEST: %9sy:QkANSPS �' o_
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By: J I
SONDRA SMITH, City Clerk
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EXHIBIT "A"
ANX 05-1811
(Corrected legal description)
A PART OF THE EAST HALF OF THE NORTHWEST QUARTER (NWl /4) OF
SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE
(29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST
QUARTER (W1 /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE
S87022'31 "E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER (SW 1 /4) OF THE NORTHWEST QUARTER (NW 1/4), THENCE S87022131 "E
1312.95 FEET; TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
(NW1 /4), THENCE ALONE THE EAST BOUNDARY OF SAID NORTHWEST
QUARTER (NW1 /4) NO2041110"E 1318.80 FEET TO THE NORTHEAST CORNER OF
SOUTHEAST QUARTER (SEI/4) OF NORTHWEST QUARTER (NW1/4); THENCE
S02041 ' 10"W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF
EXISTING CITY LIMITS AND DEERFIELD PLACE; THENCE ALONG SAID
COMMON BOUNDARY N87028'53 "W 517.99 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING A SET IRON PIN:
THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 350.00 FEET TO THE
NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON
BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED
WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT;
THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND
EAST BOUNDARY ' OF PROPOSED WATER BROOK SUBDIVISION NO2041 '0911E
468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMTS
BOUNDARY S87016'57"E 74.64 FEET TO A SET IRON PIN; THENCE LEAVING SAID
CITY LIMITS S86056' 16"E 275 .36 FEET TO A SET IRON PIN;
THENCE S02041 '09"W 465 .63 FEET TO THE POINT OF BEGINNING, CONTAINING
3 .754 ACRES, MORE OR LESS, WASHINGTON COUNTY, FAYETTEVILLE,
ARKANSAS.
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Washington County, AR
certify this instrument was filer! on
01/20/2008 03:57:57 PM
and recorded in Real Estate
File Number 2008-
Bette Stam 00002859
Psi- Circuit Clerk
by U
OR 4
City of Fayetteville y
Staff Review Form
City Council Agenda Items
or l�
Contracts
20-Dec-05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 05- 1811 : (SUMMER RESOURCES, 571 ): Submitted by Mel Milholland for property located at north of HWY 16E,
north of Deerfield Way. The property is in the Planning Area and contains approximately 3.75 acres. The request is to annex
the subject property into the City of Fayetteville.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Q Budget Adjustment Attached
`- Previous Ordinance or Resolution # n/a
Departmentire Date Original Contract Date: n/a
Original Contract Number: n/a
i y Attorney
Received in City Clerk's Office E
12, 65 I
Finance and Internal Service Director Date
4
�p�
1d& Received in Mayor's Office ENTERED
1
Mayor Da,26
te
Comments:
City Council Meeting of December 20, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 29, 2005
Subject: Annexation for Summer Resources (ANX 05- 1811 )
RECOMMENDATION
The Planning staff recommends approval of the subject annexation request submitted by
Mel Milholland for approximately 3 .75 acres of property located north of HWY 16E and
north of Deerfield Way. This action will incorporate the 3 .75-acre tract of land
contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property contains 3 .75-acres and is located north of Huntsville Road (Hwy 16
East) and west of Mally Wagnon Road. The property is adjacent to Deerfield Way
Subdivision to the south and Water Brook Phases 1 and II to the west. This tract was
created by a lot split, which was approved by the Subdivision Committee on September
29, 2005. The approved lot split can not be filed until the subject property is annexed into
the City of Fayetteville and a deed is received for parkland dedication. The Park
Recreation Advisory Board recommended parkland dedication of 2.76 acres to fulfill the
requirements for Water Brook Phase I and 11. The remaining 0.99 acres will be evaluated
as a possible off-site Tree Preservation Easement Area. Annexation of the property will
not create an island of unincorporated property or create a peninsula of City property.
Annexation of the subject property begins to `fill in" land that is surrounded to the west
and south by incorporated property and to the north and east by Mally Wagnon Road and
the White River; creating a more desirable city boundary, and ensuring that development
of the property is compliant with City regulations within an appropriate zoning district.
DISCUSSION
This item was heard at the regular Planning Commission on November 28, 2005 . The
Planning Commission voted 9-0-0 to recommend approval of this annexation request to
the City Council .
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 05- 1811 FOR PROPERTY
LOCATED NORTH OF HWY 16E, NORTH OF DEERFIELD WAY,
CONTAINING 3 .75 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : 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 : That 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 herebyassigned to Ward No. One.
PASSED and APPROVED this _day of 12005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 05- 1811
A PART OF THE EAST HALF OF THE NORTHWEST QUARTER (NW 1 /4) OF
SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE
(29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST
QUARTER (W I /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE
S87022'31 "E 1312.96 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER (SWI /4) OF THE NORTHWEST QUARTER (NW 1 /4), THENCE S87°22'31 "E
1312.95 FEET; TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
(NW I /4), THENCE ALONE THE EAST BOUNDARY OF SAID NORTHWEST
QUARTER (NW1 /4) NO2041110" E 1318.80 FEET TO THE NORTHEAST CORNER OF
SOUTHEAST QUARTER (SEI /4) OF NORTHWEST QUARTER (NW 1 /4); THENCE
S02041 ' 10"W 400.42 FEET TO A POINT ON A COMMON NORTH BOUNDARY OF
EXISTING CITY LIMITS AND DEERFIELD PLACE; THENCE ALONG SAID
COMMON BOUNDARY N87028'53 "W 517.99 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING A SET IRON PIN :
THENCE ALONG SAID COMMON BOUNDARY N87028'53 "W 350.00 FEET TO THE
NORTHWEST CORNER OF SAID DEERFIELD PLACE AND A COMMON
BOUNDARY OF SAID CITY LIMITS AND THE EAST BOUNDARY OF PROPOSED
WATER BROOK SUBDIVISION, SAID POINT BEING A CONCRETE MONUMENT;
THENCE ALONG SAID COMMON BOUNDARY OF EXISTING CITY LIMITS AND
EAST BOUNDARY OF PROPOSED WATER BROOK SUBDIVISION NO204110911E
468.50 FEET TO A FOUND IRON PIN; THENCE ALONG SAID CITY LIMTS
BOUNDARY S87016'57"E 74.64TEET TO A SET IRON PIN ; THENCE S02°41 '09"W
465 .63 FEET TO THE POINT OF BEGINNING, CONTAINING 3 .754 ACRES, MORE OR
LESS, WASHINGTON COUNTY; FAYETTEVILLE, ARKANSAS.
•
Tye evl e PC Meeting of November 28 , 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 21 , 2005
ANX 05- 1811 : (SUMMER RESOURCES, 571 ): Submitted by MEL MILHOLLAND for
property located at N OF HWY 16E, N OF DEERFIELD WAY. The property is in the Planning
Area and contains approximately 3 .75 acres. The request is to annex the subject property into the
City of Fayetteville.
Property Owner: SUMMER RESOURCES Planner: JESSE FULCHER
RECOMMENDATION :
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
PLANNING COMMISSION ACTION: Required ' , . YES : ,
✓Forwarded 0 Denied
Date: 'November 28,2005 Anthes/Trartibo2 94-0 :
CITY COUNCIL:ACEION: Required YES
❑ Approved O Denied
Date: ''December, 20;2005 (1st reading if recommended)
BACKGROUND :
Property description: The subject property contains 3 .75-acres and is located north of Huntsville
Road (Hwy 16 East) and west of Mally Wagnon Road. The property is adjacent to Deerfield
Way Subdivision to the south and Water Brook Phases I and 11 to the west. This tract was
created by a lot split, which was approved by the Subdivision Committee on September 29, 2005.
The approved lot split can not be filed until the subject property is annexed into the City of
Fayetteville and a deed is received for parkland dedication. The Park Recreation Advisory Board
recommended parkland dedication of 2.76 acres to fulfill the requirements for Water Brook
Phase I and ll. The remaining 0.99 acres will be evaluated as a possible off-site Tree
Preservation Easement Area.
Proposal: The applicant proposes annexation of 3 . 75 acres into the City of Fayetteville.
K.I Reports110051PC Reporall1-18-05UNX 05-8/ l (Summer Resources).doc
Recommendation: Staff recommends approval of the proposed annexation based on the findings
herein.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North West Fork of the White River; pasture Planning Area
South Deerfield Subdivision RSF-4, Res. Single Family — 4 units/acre
East Storage Facility Planning Area
West Water Brook Phase I and 11 RSF-4, Res. Single Family — 4 units/acre
INFRASTRUCTURE :
Streets: The parkland will have street frontage within Water Brook Phase 1.
Nearby Master Street Plan Streets:
South: Country Ridge and Deerfield Way (Local)
East: Mally Wagnon (Collector),
West: Proposed street for Water Brook Phase I (Residential)
Water: Public water is adjacent to the site within Phase I of Water Brook
Sewer: Public sewer is adjacent to the site within Phase I of Water Brook
Fire: The subject property is located approximately 4.3 miles from the Fire Station #5
with a projected response time of 7.75 minutes. After station 3 is built at the
corner of Happy Hollow Road and Huntsville Road, the distance will be reduced
to 3 .3 miles with an anticipated response time of 5 .5 minutes. The Fire
Department does not figure calls for service on properties that are only being
considered for annexation.
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 or create and 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.
FINDINGS :
11 .6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11 .6.a Annex existing islands and peninsulas and do not annex areas that would create an
K:IReportd20051PC Reponslll-28-05L4NX 05-1811 (Summer Resources).doc
island or peninsula.
Finding: Annexation of the property will not create an island or a peninsula. 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 Road corridor. Annexation of the subject property begins
to "fill in" land that is surrounded to the west and south by incorporated
property and to the north and east by Mally Wagnon Road and the White
River. 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 and
west and along a portion of the north property line.
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 adjacent to Deerfield Place
Subdivision and Water Brook Phase I and 11. The property does not consist of
defined subdivisions or neighborhoods; however, the subject property is a
continuation of Water Brook Phase I and II. Additionally, the property will
provide parkland dedication and possible tree preservation for Phase I and 11 of
Water Brook Subdivision.
11 .6.d Boundaries for annexed areas should follow natural condors.
Finding: Proposed boundaries follow property lines of the existing parcels. The western
and southern property lines of the property are entirely adjacent to
incorporated property.
1 1 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 7.75 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.
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.
K-Weporul2005lPCReporaill-28-05LINX05-1811 (Summer Resources).doc
Finding: The property has a dense tree canopy which will be within the parkland
dedication boundary.
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 to the south 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 terns of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
1 1 .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 are
required for Water Brook Phases 1 and II. This property will be utilized for
parkland dedication.
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. The annexation of this property has been discussed and reviewed in
K:1Reporu110051PC Reporis111-18-05W NX 05-1811 (Summer Rescurces).doc
association with Water Brook Phase I and 11.
INTERGOVERNMENTAL RELATIONS
1 1 .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. There are
no requests to rezone this property at this time.
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. As required for Water
Brook Phases I and 11, this property will be dedicated for parkland.
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 3.75 acres owned by Summer Resources. It is
directly associated with a larger overall tract that was annexed as part of the
development for Water Brook Phase 1 and II.
11 .6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 3.75 acres.
K:Wepora110051PCReporul11-18-05UNX05-1811 (Summer Resources).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
1 1 .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 .6.1 The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11 .6.j Areas currently served by utilities and other public services should be annexed.
11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11 .6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11 .6.m Promote long-range planning with adjacent jurisdictions.
11 .6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11 .6.o Designate zoning districts for the property during the annexation process.
11 .6.p An annexation study should be completed on all annexation proposals.
11 .6.q Development proposals require a separate review from the annexation proposals.
11 .6.r Residents should be fully informed of annexation activities.
11 .6.w Encourage larger annexations to create acceptable boundaries.
11 .6.t Conduct a fiscal impact assessments on large annexations.
K:Wepora12005tPCReporalll-28-05L4NX05-1811 (Summer Resources).doc