HomeMy WebLinkAboutOrdinance 4839 Illllllllllllllllllllllllllllllllllllllllliillllllllllllllllllllllllllllllllllll
)oc ID : 009832570002 Tvpe : REL
tecorded : 04/05/2008 at 03 : 56 : 34 PM
'ee Amt : $11 . 00 Paae 1 of 2
lashlnaton Countv . AR
tette Stamps Clrcult Clerk
:1102006-00013585
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ORDINANCE N0. 4839 =� �7 _
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AN ORDINANCE ANNEXING THAT PROPER"�'P� , nt (�
DESCRIBED IN ANNEXATION PETITION ANX 06- 189 r
CC2005-48, FOR PROPERTY LOCATED SOUTH OF WEI�� � o
0
ROAD AND WEST OF SALEM ROAD, CONTAINING
APPROXIMATELY 3 .06 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 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. Four.
Th .%%'%�� K/TR6
PASSED and APPROVED this 7 day of March, 2006. . v,Efgs
APPROVED- ATTEST: : FAYETTEVILLE ;
s:�I�,KANSP�'J�'•a
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-1895
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT
WHICH IS S02021 ' 10"W 353.33 FEET AND S79045'52"W 355 .92 FEET FROM THE
NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE
S02035'22"W 469.29 FEET, THENCE N8702415211W 308.85 FEET, THENCE NO3021 "3811E
401 .50 FEET TO THE CENTERLINE OF WASHINGTON COUNTY ROAD 94, THENCE
ALONG SAID CENTERLINE N79045'52"E 310.95 FEET TO THE POINT OF BEGINNING
CONTAINING 3 .06 ACRES MORE OR LESS. SUBJECT TO ANY RIGHTS-OF-WAY OR
EASEMENTS OF RECORD.
Washington County, AR
I certify this instrument was filed on
04/05/2006 03:56:34 PM
and recorded in Real Estate
File Number 2006-00013585
Bette Stamps - Circuit CI
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City of Fayetteville q$ 39
Staff Review Form �t(�!oG_��9s
City Council Agenda Items
or )&tVY/LJ
Contracts
21 -Feb-06
City Council Meeting Date
Jeremy Pate' Planning Operations
Submitted By Division Department
Action Required:
ANX 06- 1895 (Broyles, 245): Submitted by H2 Engineering Inc. for property located south of Weir Road and west of Salem
Road. The property is in the Planning Area and contains approximately 3 .06 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
$ ::9
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Erector Date Original Contract Date: n/a
Original Contract Number: n/a
06
City Attorney
Received in City Clerk's Office ENTERE
�2 �% •o&
Finance Ad Internal Service Director Date
Received in Mayor's Office aERz
Mayor Date
Comments:
City Council Meeting of February 21 , 2006
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: January 27, 2006
Subject: Annexation for Broyles (ANX 06- 1895)
RECOMMENDATION
The Planning Commission recommends approval of the subject annexation request
submitted by Mr. Broyles for approximately 3 .06 acres of property located south of Weir
Road and west of Salem Road. This action will incorporate the 3.06-acres of land within
the City of Fayetteville.
BACKGROUND
The subject property contains approximately 3.06 acres. The Planning Commission , :
approved a preliminary plat to subdivide this property into three lots on August. 8, 2005 : :
(Eagles Ridge Subdivision). The adjacent property to the south and east : had ; been;'
annexed into the city and the Planning Commission approved the development of this . .:
adjacent 10.5-acre tract of property (Benton Development Subdivision) on October 10,
2005. The owner of the subject property acquired the 10.5-acre tract and would 'Propose . :
a comprehensive subdivision on the entire property. Access to this property will be
available from Weir Rd to the north (to be realigned with Benton Development) and from
the south.
The applicant requests annexation of the property into the City of Fayetteville. The
applicant intends to develop the property for residential use within • the ;City of
Fayetteville and has requested a rezoning to RSF-4.
DISCUSSION
This item was heard at the regular Planning Commission on January 23, 2006. The
Planning Commission voted 9-0-0 to recommend approval of this annexation request to
the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 06- 1895, CC2005-48, FOR
PROPERTY LOCATED SOUTH OF WEIR ROAD AND WEST OF
SALEM ROAD, CONTAINING APPROXIMATELY 3 .06 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/62'T 'vette' vineakansas, is hereby
amended to reflect the change provided in Sectio/ab ve ` \ \�
Section 3 : That the official zoning map�of\,the City\of Fayetteville, Arkansas is
.,
hereby amended to assign the zoning designation of R-A. Agricultural to the
subject property. .
' .
Section 4: That the above-descnbed`prq . erty is hereb assigned to Ward No. Four.
PASSED and APPROVED this day
of 12006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06- 1895
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT
WHICH IS S02021 ' 10"W 353 .33 FEET AND S79045'52 "W 355 .92 FEET FROM THE
NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE
S02035'22"W 469.29 FEET, THENCE N87024'52"W 308.85 FEET, THENCE NO3°21 "38"E
401 .50 FEET TO THE CENTERLINE OF WASHINGTON COUNTY ROAD 94, THENCE
ALONG SAID CENTERLINE N79045'52"E 310.95 FEET TO THE POINT OF
BEGINNING CONTAINING 3 .06 ACRES MORE OR LESS. SUBJECT TO ANY
RIGHTS-OF-WAY OR EASEMENTS OF RECORD.
Taye w Y PC Meeting of January 23 , 2006
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETfEVILLE, ARKANSAS
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: January 17, 2006
ANX 06- 1895: (BROYLES, 245): Submitted by H2 ENGINEERING, INC. for property located
at WEIR RD., W OF SALEM RD. The property is in the Planning Area and contains
approximately 3 .06 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 with the following condition(s):
PLANNING COMMISSION ACTION: Required + 3YES
n Approveda( O :Demed
Daie: January 23 2006
CITY COUNCIL -ACTION: Required
O `Approye& . 190ented7
Date: February 21, 2006 (,V` reading if recommended)'
BACKGROUND:
Property description & Proposal: The subject property contains approximately 3.06 acres. The
Planning Commission approved a preliminary plat to subdivide this property into three lots on
August 8, 2005 (Eagles Ridge Subdivision). Although this property was approved for
development within the Planning Area, the adjacent property to the south and east had been
annexed into the city. The Planning Commission approved the development (Benton
Development Subdivision) of this adjacent 10.5-acre tract of property on October 10, 2005. The
owner of the subject property acquired the 10.5-acre tract and would propose a comprehensive
subdivision on the entire property. Therefore, the applicant requests the annexation of this 3.06
acres to be followed by preliminary plat approval for approximately eight lots.
Background. When the application for annexation of the property to the south and east was
submitted to the Planning Division, the applicant requested annexation of two parcels of property,
K.lRepora110061PC ReporulOI-13-06UNX 06-1895 (Brovles).dt
one of which had an irregular configuration that included a 20-foot wide strip that extended from
Weir Road south to the northwest comer of the subject property. This configuration would have
created an unacceptable city boundary by enclosing a parcel of property (the subject property) within
the Planning Area on the east, west, and south. Therefore, the approved annexation was revised to
exclude this strip of property.
On December 27, 2005, a property line adjustment was filed with the County to incorporate this
strip of land into the subject property. The Order of Annexation issued by the County Judge was
for a legal description that did not include this strip of property (2.80 acres instead of 3 .06 acres).
The applicant' s attorney is currently working with the County to have an amended Order of
Annexation issued with a new legal description for 3 .06 acres. It is anticipated that this will be
done prior to Planning Commission meeting. Staff recommends approval of the annexation of
this property whether it be 2.80 acres or the entire parcel of 3 .06 acres, though to annex the entire
property at one time is preferable.
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits, and anticipated development of the property as proposed by the
owner will be consistent and compatible to surrounding subdivisions should the property be
annexed into the City of Fayetteville.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Vacant — under development (Benton RSF-4, Res. Single-Family — 4
Development SD) units/acre
East Vacant — under development (Benton RSF-4, Res. Single-Family — 4
Development Subdivision) units/acre
West Single family homes on large lots Planning Area
INFRASTRUCTURE :
Streets: The site has access to Weir Road. Improvements will be required to Wier Road
which may include off-site improvements. An evaluation will be made by staff at
the time of preliminary plat. Dedication of right-of-way per the Master Street
Plan is required.
Surrounding Master Street Plan Streets:
North: Weir Rd. (Local)
Gypsum Dr. (Collector - Unconstructed)
East: W. Salem Rd. (Collector)
West: Salem Rd. (Collector)
Water: Public water is not adjacent to the site. A study of the water system shall be
conducted by the developer. Substantial improvements to the water system may
K. IReporb12006V'CRepor[v101-23-06LINX 06-1895 (Broyles).doc
be required which includes other off-site improvements. Water service will need
to be extended to and within the property at the time of development connecting
within the proposed development.
Sewer: Sanitary sewer is not near to the site. Substantial improvements to the sewer
system will be required which includes off-site improvements. This development
will be within the sewer assessment area. A study of the downstream system shall
be conducted by the developer. Substantial improvements to the sewer system
maybe required which includes other off-site improvements. Sewer service will
need to be extended to and within the property at the time of development
connecting within the proposed development.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire:
These 3.06 acres is covered by Engine 7 at 835 Rupple Road.
It is 2.9 miles from the station with an expected response time of 8 .25 minutes. This
response time is above our goal of having the first unit on the scene within 6 minutes,
90% of the time, and our goal of assembling all responding units to the scene of a
moderate risk assignment within 10 minutes, 90% of the time. It has been proposed
(Fayetteville Fire Department: Deployment Study 2003) to build a fire station (Station
9) to cover this northwest part of the city. The long response time is due to the
narrow and winding Rupple Road between Wedington Dr and Mt Comfort Rd plus
having to cross 2 major cross streets.
The Fire Department anticipates 3 (2 EMS — t Fire/Other) calls for service per year
once the development is completed and maximum build-out has occurred.
Measured Hydrant Flow in this area is 805 gallons/minute.
The service impact of this development will typically take eighteen months after the
development is started, and the units begin to be occupied, to occur.
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
island or peninsula.
K.WeporU120061PC Reporul01-23-06WNX 06-1895 (Broyles).doc
Finding: Annexation of the property will not create an island of unincorporated property
or a peninsula.
11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation arca is adjacent to the City Limits to the south and
cast.
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 north and cast of property
approved for a single-family subdivision. The property does not consist of
defined subdivisions or neighborhoods; however, once annexed into the city, the
applicant intends to process a preliminary plat to approve subdivision of this
property. Access to this property will be available from Weir Rd to the north
(to be realigned with Benton Development) and to the south. Annexation of the
property to allow for Planning Commission review of development in
accordance with City standards is recommended.
11 .6.d Boundaries for annexed areas should follow natural corridors.
Finding: The proposed city boundary, should the subject property be annexed, does not
follow natural corridors. It encompasses one parcel of property.
11 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 8.25 minutes for fire
protection from Fire Station #7. Extension of water and sewer lines shall
occur at the time of 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: The property is mainly cleared pasture land with few trees, mostly surrounding
an existing pond on the property. Development regulations within the City will
ensure appropriate development and preservation of the existing natural
features on the property.
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
K.lReporU120061PC Reporal0I-23-061ANX 06-/895 (Broyles).do
Finding: The police department reports that this annexation and rezoning 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 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.
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.
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 the surrounding street systems and installation of fire
hydrants would be made necessary by the annexation should additional
development occur on the subject property. Water and sewer will be extended
to this property with the adjacent development and extensive street
improvements have been required as conditions for Benton Development
preliminary plat.
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
K:IReports120061PC Repora1O1-23-0614NX 06-!895 (Rroyles).doe
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
RSF4, Residential single family - 4 units/acre. This zoning designation is
compatible with the Residential classification of the adjacent area on the City's
adopted Future Land Use Plan. Staff finds that this zoning designation is
compatible with that of the property being developed to the south.
1 1 .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 been approved to allow three lots. Should the
property be annexed and rezoned to RSF-4, the applicant will submit a
development proposal for approximately eight lots on the subject property.
This will be the second phase of the approved Benton Development Subdivision.
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: At the time the application for annexation of the property to the south and east
was submitted to the Planning Division, the applicant requested annexation of
two parcels of property, one of which had an irregular configuration that
included a 20-foot wide strip that extended from Weir Road south to the
northwest corner of the subject property. This configuration would have
created an unacceptable city boundary by enclosing a parcel of property within
the Planning Area on the east, west, and south (see attached map). Therefore,
the approved annexation was revised to exclude this strip of property.
K:IReporisI2006lPCReporal0/-23-06I4NX06-1895 Broyfes).do