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HomeMy WebLinkAboutOrdinance 4851 Z .M1 In In11 IIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,II i Doc ID : 009893750002 Tvne : REL Recorded : 04/25/2006 at 10 : 40 : 07 AM %:Fee Amt ; $13 . 00 Pace 3 of 2 y hlnoton County . AR i Bette Stamos Clrcult Clerk F14006_00016557 , N O_ ORDINANCE NO, 4851 �orT- a �TGaJ (V ---• AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBEDI0c` %' Ln ANNEXATION PETITION ANX 06- 1935 (CC2005-54), FO 'F _ s'• PROPERTY LOCATED AT 354 AND 370 DOUBLE SPRING�; "�O 3 0 ROAD, CONTAINING APPROXIMATELY 9.70 ACRES Tey cn0 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. Four. ,,,,,rr PASSED and APPROVED this 4th day of April, 2006. ' `�C'• �\tY DF SG�F = • FAYETTEVILLE • = E �� 3 APPROVE / - ATTEST: ys qRk NSPS'��:' i /' '���a/ • GTON �J°`• By: ZBy: DAN COODY, ayor- SONDRA SMITH, City Clerk a EXHIBIT "A" ANX 06-1935 A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25 "W 330.92', THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #27, THENCE ALONG SAID RIGHT-OF-WAY NO2027'01 "E 329.38', THENCE S88020'05"E 1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. Washington County, AR I certify this instrument was filed on 04/25/2006 10:40:07 AM and recorded in Real Estate File Number 2008-00016557 Bette Stamps - Circuit Clerk S by �fg51 - - -- - March 1 , 2006 City of Fayetteville-City Clerk's Office 113 W. Mountain St. Fayetteville, AR. 72701 RE:ANX 06-1935 RZN 06-1936 This is to notify you of my intention to Appeal the denial by the City of Fayetteville Planning Commission on Monday, February 27, 2006, on the above mentioned items. We would like to have these properties rezoned and annexed to build housing for Fayetteville. It is our understanding that the property south of subject property, owned by the Hays family, will be asking to be rezoned and/or annexed also. We feel like this would be a good housing project for Fayetteville. Sincerely, � , Fletcher Williams RECEIVED MAR 0 2 200 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 1�>�-a.-, �ffi.c stroncl rcadvns .�/�.i�o,� City Council Meeting of March 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operation From : Jeremy C. Pate, Director of Current Planning Date: February 28, 2006 Subject: Annexation for Fletcher Williams. (ANX 06- 1935) RECOMMENDATION The Planning Commission recommended denial of the subject annexation request for approximately 9.70 acres of property located east of Double Springs Road, south of Persimmon Street. The incorporation of the property would create an island of county property. Planning Staff originally recommended approval of the requested annexation. BACKGROUND The subject property contains approximately 9.70 acres and is located on Double Springs Road, south of Persimmon Street. The property is bordered on two sides by property in the city limits, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. Two intervening properties lie between the subject property and the city limits to the north (Legacy Point Phase I ). Annexation of the 9.70 acres will create an island of approximately 6.30 acres. The applicant requests annexation of 9. 70 acres into the city limits to allow for residential development of greater density than would be possible otherwise, by utilizing the amenities, such as sanitary sewer, provided when annexing into the city. The applicant has submitted a rezoning request with the annexation petition to rezone the property from R-A to RMF-6, with a Bill of Assurance, should the annexation be approved. DISCUSSION This item was heard at the regular Planning Commission on February 27, 2006. The Planning Commission voted 2-4-0 to recommend approval of this annexation request to the City Council, with Commissioner Ostner, Allen, Anthes, and Myres voting no. Therefore, the motion failed, and the application for annexation into the City of Fayetteville was denied. Those who voted against the motion discussed their concerns regarding a 6 minute emergency response time, that the adjacent property owner to the north had not been informed of the annexation request by the applicant, and the piecemeal annexation would create an island of unincorporated property. City Council Meeting of March 21 , 2006 Agenda Item Number Planning Staff had recommended approval of the incorporation of this property into the City of Fayetteville. This is the second annexation request processed in recent years that would create an island of unincorporated property. There are two property owners to the north of the property within the Planning Area. Staff met several months ago with the future landowner of the new storage business who expressed his desire to remain within the county in order to utilize his business. Mini-storage is allowed in the 1-1 zoning districts. Staff also discussed the potential for multi-family uses on the property; however, the concepts presented at that time could not be approved through our development review process within the county. Several properties south of the property have expressed a desire to annex into the City, though at this time the Planning Division has not received applications for annexation. Staff has repeatedly encouraged the applicant to submit a request for annexation simultaneously with the adjacent property owners to the south so that a larger, more comprehensive land area can be reviewed for incorporation into the city. It was the applicant' s wish to proceed forward with the annexation request at this time to establish the development rights on the property as soon as possible and subsequently proceed with preliminary plat approval . While atypical to 'recommend an annexation that creates an island, staff finds the applicant has made every attempt to annex this property while complying with city policies. Weighing the potential benefits and costs of creating the island of unincorporated property, staff finds this request meets with the majority of the city' s guiding policies, will not further extend the city' s incorporated limits, and recommends approval . Staff also continues to recommend that a comprehensive annexation request in this area be submitted, as there is an obvious desire by multiple property owners to be annexed into the City. BUDGET IMPACT None. ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 06- 1935 (CC2005-54), FOR PROPERTY LOCATED AT 354 AND 370 DOUBLE SPRINGS ROAD, CONTAINING APPROXIMATELY 9.70 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 l 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. PASSED and APPROVED this—day of 2006. APPROVED: ATTEST: By: By: DAN COODY, Mavor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-1936 A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH , RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S02038'25 "W 661 .08' FROM THE NORTHEAST CORNER OF THE SAID SECTION 15 AND RUNNING THENCE S02038'25"W 330.92', THENCE N88016'00"W 1278.75' TO THE EAST RIGHT-OF-WAY OF COUNTY ROAD #272 THENCE ALONG SAID RIGHT-OF-WAY NO2027'01 "E 329.381, THENCE S88020'05"E 1279.86' TO THE POINT OF BEGINNING. CONTAINING 9.70 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. TayePC Meeting of February 27, 2006 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING llIVIS10N CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Suzanne Morgan, Current Planner THRU : Jeremy Pate, Director of Current Planning DATE: February 21 , 2006 ANX 06-1935: (FLETCHER WILLIAMS, 474): Submitted by RANDY RITCHEY STEADFAST, INC. for property located at 370 DOUBLE SPRINGS RD. The property is in the Planning Area and contains approximately 9.70 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 99 Approved - O Denied Date: February 27, 2006 M,l ;;„ Tr,,,m6 ddc: 2-q -o . 31 A(lu,>, jtn�/ .. - . . - jeeond •. Cle.rlL , os4,..n and t•�nevei,tr�ti.w•. CITY COUNCIL ACTION: Required - YES O Approved ,.. O. Denied Date: March 21 , 2006 (1st reading if recommended) BACKGROUND: Property description: The subject property contains approximately 9.70 acres and is located on Double Springs Road, south of Persimmon Street. The property is bordered on two sides by property in the city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. Two intervening properties lie between the subject property and the city limits to the north (Legacy Point Phase 1 ). Annexation of the 9.70 acres will create an island of approximately 6.30 acres. Proposal: The applicant requests annexation of 9.70 acres into the city limits to allow for residential development of greater density than would be possible otherwise, by utilizing the amenities provided when annexing into the city (i .e. sewer). The applicant has submitted a rezoning request with the annexation petition to rezone the property from R-A to RMF-6, with a Bill of Assurance, should the annexation be approved. K.t Reporrs120061 PC Report.602-27-06W MY 06-1935 (Mlliams).dw Recommendation: Staff recommends approval ofthe 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 Storage Units & 2 Single family homes Planning Area Single family homes RSF-4 & RMF-6 ( Legacy Pt. Ph. ] South Rural Single family homes Planning Area East Vacant (under construction) RSF-4 West Silverthome Subdivision RSF-4 INFRASTRUCTURE : Streets: The site has access to Double Springs Road. Improvements will be required to Double Springs Road which may include off-site improvements. An evaluation will be made by staff at the time of preliminary plat or large scale development. Dedication of right-of-way per the Master Street Plan is required. Adjacent Streets: North: Persimmon Street (Collector) South: Dot Tipton Road (Collector) West: Double Springs Road (Minor Arterial) Water: Public water is adjacent to the site. There is an 8" water line that that runs along Double Springs Road. A study of the water system shall be conducted by the developer. Substantial improvements to the water system may 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 located near 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. 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 9.70 acres are covered by Engine 7 located at 835 Rupple Road. It is 3 miles from the station with an expected response time of 6 minutes to the entrance of this development. The Fire Department anticipates 13 ( 8 EMS — 5 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 1465 gallons per minute. K:I Repoi ts120061PC Repo) is102-27-06UN,Y 06- 1935 (Williams).doc 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. There should be no adverse effects on our call volume or response time to this development. 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 create an island of unincorporated property. The property is surrounded by the city limits to the east and west, and the prospective buyer of the property desires to develop the property under City regulations with the ability to access sewer. The two adjacent property owners to the south (Williams and Hays) have expressed interest in annexing into the city. Hays has submitted a Petition to Annex to the County, , and according to the applicant Mr. Williams is in the process of submitting a Petition to the County. There are two property owners to the north of the property within the Planning Area. The immediate property owner to the north is unwilling to annex into the city due to the potential regulations which would be placed on the property, and the effect they would have on the land owner's storage business. Staff has met with the landowner of the new storage business who has expressed his desire to remain within the county in order to utilize his business. Mini-storage is allowed in the 1-1 zoning districts. While atypical to recommend an annexation that creates an island, staff finds the applicant has made every attempt to annex this property while complying with city policies. The applicant has met with the City Council members for Ward 4 to discuss the possibility of extending sewer outside the city limits to serve a development on this property. Public services are available to the properties adjacent to the subject property; therefore, the annexation of this property will not create an unnecessary load of calls or extension of service area on emergency services and public facilities. K:Weporls11006PCRepor1s102-17-0614NX 06-1935 (Williams).doc 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 cast and west 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 .6.d Boundaries for annexed areas should follow natural corridors. e Finding: The proposed boundaries follow existing property lines. 11 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 6 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 with a few trees surrounding the two existing single-family dwellings and a pond. 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. 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. K:IR(,ports120061PC Reforns102-27-06LINX 06-1935 Mfflams).do 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. The property is adjacent to 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 property 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 11 .6.o Designate zoning districts for the property during the annexation process. K.lRepoi tsl2OO6V'C Reports101-27-061ANX 06-1935 (Wiltiorns).doc