HomeMy WebLinkAboutOrdinance 4847 IIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVVVIIIIIIIIIII Rl
Doc ID : 009832680002 TVDe : REL
Recorded : 04/05/2006 at 04 : 04 : 03 PM
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Mashlnoton Countv . AR
Bette Stamps Circuit Clerk
F11e2006-00013592
ORDINANCE NO, 4847 0
AN ORDINANCE ANNEXING THAT PROPERTMo i
DESCRIBED IN ANNEXATION PETITION ANX 06- 19W`:€. ; Cn
(CC2005-47), FOR PROPERTY LOCATED AT 2390 SOUTMF. s
DEAD HORSE MOUNTAIN ROAD, CONTAININR,=;-_ r
APPROXIMATELY 6.55 ACRES " ' c
0
J
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. One.
R .
PASSED and APPROVED this 21st day of March, 2006. S �.
APPROVED: ATTEST: U •
; FAYETTEVILLE : "
—# see ANSOFJam;
By: By. �.N %tiiyGTON
DA COODY, Mayor SOMMA SMITH, City Clerk """"""" �
EXHIBIT "A"
ANX 06-1933
A PART OF THE NORTHWEST (NW 1/4) QUARTER OF SECTION TWENTY-FIVE (25),
IN TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT: BEGINNING AT A POINT WHICH
IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
AND RUNNING NORTH A DISTANCE OF 1391 .07, THENCE S71017100"W A DISTANCE
OF 1045 .351, THENCE SOUTH A DISTANCE OF 42.231 , THENCE N71017'00"E A
DISTANCE OF 819.411 , THENCE SOUTH A DISTANCE OF 1276.27' , THENCE EAST A
DISTANCE OF 214.0' TO THE POINT OF BEGINNING, CONTAINING 6.55 ACRES MORE
OR LESS.
Washington County, AR
I certify this instrument was filed on
04/05/2006 04:04:03 PM
and recorded in Real Estate
File Number 2006-000135
Bette Stamps - Circuit C r
by
De D1
City of Fayettevilley;
Staff Review Form
City Council Agenda Items /�Ap( O6-lg33
or a 390 s Dpd
Contracts ��yy
No
21 -Mar-06
�p City Council Meeting Date
Jeremy Pater Planning Operations
Submitted By Division Department
Action Required:
ANX 06- 1933 (Nock-Broyles, 645): Submitted by James Atwood for properly located at 2390 south Dead Horse Mountain
Road. The property is in the Planning Area and contains approximately 6.55 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
Na n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
Previous Ordinance or Resolution #
Dep Hent Dikector Date Original Contract Date:
l Original Contract Number:
City Attor y
Received in Cit erk s ffice
3 - 3- cam
�Finanee a�ernal Service Director Date
Received in Mayor's Office
2 ob
03MIO
Mayor Date
Comments:
City Council Meeting of March 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: February 28, 2006
Subject: Annexation for Nock-Broyles Land Development (ANX 06- 1933)
RECOMMENDATION
The Planning Commission recommends approval of the subject annexation request
submitted by James Atwood for approximately 6.55 acres of property located on Dead
Horse Mountain Road, east of the West Fork of the White River, south of Goff Farm
Road. This action will incorporate the 6.55-acres of land within the City of Fayetteville.
BACKGROUND
The subject property contains approximately 6.55 acres. The property is part of an island
of unincorporated property, though bordered on three sides by property within the city
limits. The island was created by an annexation of property in 2005, where not all
property owners agreed to the annexation of their property. Staff advised the applicant to
approach the landowner to the south, thereby creating a more desirable city limit
boundary in this location. However, at this time, the landowner has not requested
annexation in conjunction with the subject request.
DISCUSSION
This item was heard at the regular Planning Commission on February 27, 2006. The
Planning Commission voted 6-0-0 to recommend approval of this annexation request to
the City Council, finding that it would begin the process of incorporation for this existing
island.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06- 1933 (CC2005-47)3 FOR
PROPERTY LOCATED AT 2390 SOUTH DEAD
HORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 6.55 ACRES
BE 17' 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 thisday of 12006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-1933
A PART OF THE NORTHWEST (NW Y) QUARTER OF SECTION TWENTY-FIVE (25), IN
TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT: BEGINNING AT A POINT WHICH
IS 407.0' NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
AND RUNNING NORTH A DISTANCE OF 1391 .0' , THENCE S71017' 00"W A DISTANCE
OF 1045 .35 ', THENCE SOUTH A DISTANCE OF 42.23 ' , THENCE N71017100"E A
DISTANCE OF 819.41 ' , THENCE SOUTH A DISTANCE OF 1276.27' , THENCE EAST A
DISTANCE OF 214.0' TO THE POINT OF BEGINNING. CONTAINING 6.55 ACRES
MORE OR LESS.
7aye e� le PC Meeting of February 27, 2006
ARKANSAS
THE CITY OF FAYEITEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Futcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 17, 2006
ANX 06-1933: (NOCK-BROYLES LAND DEVELOPMENT, 645): Submitted by JAMES
ATWOOD for property located at 2390 S DEAD HORSE MOUNTAIN ROAD. The property is
in the Planning Area and contains approximately 6.55 acres. The request is to annex the subject
property into the City of Fayetteville.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report with the following condition(s):
BACKGROUND:
PLANNIN34�00MMISSION ACTION :, Required
":YES
JAorward „ ❑ Denied '
Date: February2Z; 2006 Motidii Anther -
Second Allen ' '
Vote:
CITY COUNCIL ACTION: ' Regbired YES ,
1:1 Approved � n Denied
Date: March 21,'2006 ffl reading if recommended) '
Property description & proposal: The subject property contains approximately 6.55 acres and is
located on Dead Horse Mountain Road, cast of the West Fork of the White River, south of Goff
Farm Road. The property is part of an island of unincorporated property, though bordered on
three sides by property within the city limits. The island was created by an annexation of
property in 2005, where not all property owners agreed to the annexation of their property.
Background: The subject request for annexation is unique in nature. It was staff's hope that all
property owners within the island would petition for annexation, however at this time, only one
property owner has requested annexation. Staff advised the applicant to approach the landowner to
the South, thereby creating a more reasonable city limit boundary in this location. However, at this
time, the landowner has not requested annexation in conjunction with the subject request. As a result
K.tReporut2006WC ReporuIO2-17-06L4NX 06-1933 (Nock_Rroyles Land Deeelopment).doc
the request to annex the subject property will divide the existing island, creating two separate areas
of unincorporated property.
Recommendation: Staff recommends approval of the proposed annexation. Should the
annexation request be approved, future changes or additional development on this site will be
regulated by the city allowing for a more uniform and consistent development pattern.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes R-A, Residential Agriculture
South Single family homes RSF-4
East Single family homes R-A, Residential Agriculture
West Single family homes/undeveloped pasture Planning Area/RSF-4
INFRASTRUCTURE :
Streets : Currently the site has access to Dead Horse Mountain Road. At the time of
development, this street will need to be brought up to current standards along the
property frontage. These improvements may include right-of-way dedication,
pavement, curb and gutter, storm drainage and sidewalks. Additionally,
development on the subject property has a high likelihood of accessing the
substandard bridge on Dead Horse Mountain Road north of the property as its
primary means of access toward the center of the city. An assessment for a
proportionate share of the cost of this bridge is anticipated at the time of
development. Specific street improvements will be evaluated based on the
development proposed, to meet ordinance requirements.
Water: Public water is adjacent to the site. There is a 6" main along Dead Horse
Mountain Road. A study of the water system shall be conducted by the developer
as directed by the Engineering Division. Substantial improvements to the water
system may be required which includes other off-site improvements. Water
service will need to be extended within the property at the time of development
connecting within the proposed development.
Sewer: Sanitary sewer is not available to the site. A study of the downstream system shall
be conducted by the developer. Substantial improvements to the sewer system
may be required which includes other off-site improvements. Sewer service will
need to be extended 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: The subject property is located 3 .3 miles from Fire Station #5. Normal driving
K.IReporu11006tPC Reporev101-17-06UNX 06-1937 (Nock—Broyles Land Derelopmew).dw
time is 6.25 minutes. The property is located approximately 2.4 miles from the
future Fire Station #3 . Normal driving time is 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 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
1 1 .6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: The requested annexation will divide an existing island of unincorporated
property. As outlined in the information presented in the staff report, staff
supports the request to bring this area into the City Limits. The property is
almost completely surrounded by incorporated city limits; public service
providers and emergency personnel are currently required to access portions of
the city by traveling through the county in this area. Not all property owners
were willing to annex voluntarily at this time.
11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the city limits along its north, west
and east boundaries. The request does not extend the city limit boundary
further south than the current limits reach.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area does not divide neighborhoods.
11 ,6A Boundaries for annexed areas should follow natural condors.
Finding: The proposed boundaries follow existing property lines.
l 1 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 6.25 minutes for fire
protection from Fire Station #5. Extension of water and sewer lines shall
K.-WepmW20061PC ReporuIO2-17-OUMX06-1933 (Nock_Rroyles Land Developmen0.doc
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 a few trees. Development
regulations within the City will ensure appropriate development and
preservation of the existing natural features on the property.
EMERGENCY AND PUBLIC SERVICES
1 1 .6.g Public services must•be able to be provided efficiently in newly annexed areas.
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 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 .6.j Areas currently served by utilities and other public services should be annexed.
Finding: Yater, fire and police protection are currently provided in this area. The
property is almost completely surrounded by city limits, to which utilities and
other public service providers already respond.
11 .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.
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. As it exists currently, annexation of the properly
K:IReporu110061PC Reporu102-27-061ANX 06-/933 (Nock_Rror/es land Oecelopmerd).doc
would not require the upgrading of utilities, unless and until additional
development that increases the demand on public services is proposed.
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
1 1 .6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
1 1 .6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
1 .6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R-A, Residential Agricultural. The
property owners are not requesting a rezoning 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 arc available to serve this property.
11 .6.q Development proposals require a separate review from the annexation proposals.
Finding: At the time the owner desires to develop or subdivide this property, the
applicant will be required to submit a proposal for review and approval by the
Planning Commission.
1 .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.
A:IReportr11006PC Reporn101-17-06LJNX 06-1933 (Nock_Broyles Land Oet elopment).doc
1 .6.w Encourage larger annexations to create acceptable boundaries.
Finding: The annexation of this property will begin to incorporate portions of county
property located within an island that was created from a previous annexation
request. The subject property is bounded on three sides by incorporated
property. Additionally, the request does not extend the city limit boundary
further south than the current limits reach.
11 .6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 6.55 acres.
KAReporU12006PC Reporv101-17-06MX06-1977 (Nock Broyles Land Derelopmen0.doc