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Doc ID : 009893750002 Tvne : REL
Recorded : 04/25/2006 at 10 : 40 : 07 AM
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hlnoton County . AR i
Bette Stamos Clrcult Clerk
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ORDINANCE NO, 4851
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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
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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 • =
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APPROVE / - ATTEST: ys qRk NSPS'��:'
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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
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- - -- -
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