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HomeMy WebLinkAboutOrdinance 4867 --------------------------- DOC tI Fecorded : 0509939/ 006002 t Tv1oe: 2: 5R: 3E0 AM Fee Amt : $11 . 00 Paae 1 of 2 Bette Ston Countv . Aq Bette Stem oe Circuit Clerk F14006-00020804 ORDINANCE NO. 4867 AN ORDINANCE ANNEXING THAT PROPERTY- DESCRIBED IN ANNEXATION PETITION ANX 06-206G� w (CC2005-51 ), FOR PROPERTY LOCATED EAST 0cF; � TOWNSHIP STREET, CONTAINING APPROXIMATELY 3 .38';= ACRES ; c� w 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. Three. puu❑ nhr TR �.,� PASSED and APPROVED this 2nd day of May 2006. ' `a�. �\1Y okSGS ,' : V . FAYETTEVILLE ; APPROVED: ATTEST: By: eaki By: adzeC2 DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2006 A PART OF THE SE 1 /4 OF THE SE 1/4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS : BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S0101615911E 344.91 FEET, THENCE N8905813511W 431 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 147,346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. Washington County, AR I certify this instrument was filed on 05/23/2008 11 :25:30 AM and recorded in Real Estate j File Number 2008-00020804 Bette Stamps - Circuit Cie k by City of Fayetteville 7 Staff Review Form tv d�- City Council Agenda Items fq Own or a , Contracts 2-May-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ANX 06-2006 (Brown, 295): Submitted by Bill Watkins for property located east of Township Street. The property is in the Planning Area and contains approximately 3.38 acres. The request is to annex the subject property into the City of Fayetteville. v � $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 Budget Adjustment Attached Previou's Ordinance or Resolution # 06 Depar ment Dilector Date Original Contract Date: Original Contract Number: City Attorney Received ini Clerk's Office ng-�y Firizance a d Internal Service Director Date Received in Mayor's Office Al a2/ n'ylyal� 6e Mayor 51 to Comments: Y City Council Meeting of May 02, 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: April 13, 2006 Subject: Annexation for Brown (ANX 06-2006) RECOMMENDATION The Planning Commission recommends approval of the subject annexation request submitted by Mr. Brown for approximately 3 .38 acres of property located at the terminus of Township Street adjacent to the Covington Park Subdivision. This action will incorporate the 3 .38-acres of land into the City of Fayetteville. BACKGROUND The subject property contains approximately 3.38 acres. The property is located at the terminus of Township Street within the Covington Park Subdivision. It adjoins the city limits to the north and west. Right-of-way for this cul-de-sac street is stubbed-out to the property line and provides access to a 14-acre tract of property, of which this. 3 .38 acres is a part. The applicant requests annexation of the property for the development of single-family residential use within the City of Fayetteville and has requested a rezoning to RSF-4. The development of this property will allow the extension of Township Street, not only to this property but also to the adjoining undeveloped property. DISCUSSION This item was heard at the regular Planning Commission on April 10, 2006. The Planning Commission voted 8-0-0 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 06-2006 (CC2005-51 ), FOR PROPERTY LOCATED EAST OF TOWNSHIP STREET, CONTAINING APPROXIMATELY 3 .38 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. Three. PASSED and APPROVED this—day of 12006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2006 A PART OF THE SE % OF THE SE '/ OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS : BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S01016'59"E 344.91 FEET, THENCE N89058'3511W 43 1 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 1477346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. 1 i TayePC Meeting of April 10, 2006 Afl KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 3, 2006 ANX 06-2006: Annexation (BROWN, 295): Submitted by BILL WATKINS for property located at THE EAST END OF TOWNSHIP STREET. The property is in the Planning Area and contains approximately 3.38 acres. The request is to annex the subject property into the City of Fayetteville. Owner: Joshua T. Brown Planner: SUZANNE MORGAN RECOMMENDATION : Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION : A Retjiured dYFS � 'x a rhe A roved O Denied 5 J �� Date' �xd "10 '2006:.�� '--4 ' -1,y;'f'.t y C f t p srti w' ' t 1 -s}d� � rirc y ? -�a� �:s-a' '`� .4 f 'i•'. '° r 8fs'S i` gt3�4.r-iix s �rF. 'a i , .n."i . - ',� ^< I, - CITYrCOUNC ACS TON , p rRequ:tred Approved - , . YOkDen�cd ldw :ia, Dath May 022(106 ( 1" readmfe�if recommendjed) r� ,c�x=:'�*' , 3�.. .�}���� u. �. -� . }s.^:F �'� � '�r �-�, r. i4�'f+•,' i. - .!?f611.a.'Jl.:s.�.� ,1/1�S' t? T���=y, -1t : r BACKGROUND: Property description: The subject property contains approximately 3.38 acres. The property is located at the terminus of Township Street within the Covington Park Subdivision. Right-of-way for this cul-de-sac street is stubbed-out to the property line and provides access to a 14-acre tract of property, of which this 3 .38 acres is a part. The property owner also owns an 1 1 -acre tract extending north of Mission Blvd and adjoining the overall 14-acre tract of property. Proposal: The applicant proposes the annexation of 3 .38 acres for the development of single-family residential homes. The development of this property will allow the extension of Township Street, not only to this property but also to the adjoining undeveloped property. K.IReportsl20061PC Reporis104-t 0-061ANX 06-2006 (Rrown).d" 1 > Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits on two sides, which will ensure development of the property that is consistent and compatible to surrounding subdivisions should the property be amrexed into the City of Fayetteville. It creates an acceptable boundary, is able to be served adequately by public utilities and service providers, and meets the majority of the Annexation Guiding Policies established by the City Council. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes (Covington Park SD RSF-4, Res. Single-Family - 4 units/acre South Single family home on a large lot Planning Area East Vacant fields Planning Area West Single family homes (Covington Park SD) RSF4, Res. Single-Family — 4 units/acre INFRASTRUCTURE: Streets: The site has access to Township Street. Township is an improved roadway from this site west to Highway 265. Improvements that may be required shall be evaluated by staff as development occurs. Surrounding Master Street Plan Streets: West: Township Street (Local; 60' Right-of-Way) Water: Public water is adjacent to the site. There is an 8" waterline stubbed out to the site on the west side of the property. A study of the water system may be required by the Engineering Division at the time of development. Improvements to the water system may be required dependent upon the demand placed by the future development. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is available on the site. There is an 8" sewer line stubbed out to the site on the west side of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended within the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 3 .3 acres are covered by Engine 5 located at 833 N Crossover. The property is 2.4 miles from the station with an anticipated response time of 5 minutes. When the new Station 5 opens at Old Wire and Crossover, the travel distance will be reduced to 1 .6 miles and the response time will be reduced to 4 minutes K:lReportsl2006tPC ReporisIO4-l0-061ANX 06-2006 (Brown).do _ The Fire Department anticipates 3 (2 EMS — 1 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 1320 gallons/minute. The service impact of this development will typically take eighteen months after the development has begun, when the units begin to be occupied. 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 l .6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. 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 area is adjacent to the City Limits to the north and west. 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 south and west of Covington Park Subdivision, zoned RSF4. The property does not consist of defined subdivisions or neighborhoods; however, the property could develop 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 Township Street to the west. Annexation of the property to allow for Planning Commission review of development in accordance with City standards is recommended. K:IReportsl2006lPC ReporisIO4-10-06L4NX 06-1006 (Bro").doc 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 a portion of one parcel of property. A lot split or subdivision of property is required prior to or in conjunction with the development of the 3.38 tract, in order to separate it from the overall property. 11 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 5 minutes for fire protection from Fire Station #5. When the new fire station at Old Wire Road and Crossover Road opens, the response time will be reduced to 4 minutes. 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. 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 .61 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 .6.1 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. K.IReports110061PCReports104-10-06UNX06-1006 (Broww).doc 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 development. 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 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 RSF-4, 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 the zoning of Covington Park Subdivision located adjacent the property. K.-Weporu12006PCReporul04-10-061ANX06-2006 (Brown).doc i 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: Should the owner propose development of this property, as has been indicated in correspondence from the applicant, the development shall be reviewed by the Planning Commission. At this time, the applicant has not submitted a preliminary plat for consideration. 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: Staff finds that the proposed annexation would create an acceptable city boundary. However, the annexation of the entire 25-acres under common ownership, extending from Covington Park Subdivision south to Mission Blvd, would create an even more uniform city boundary and allow for development within the bounds of city regulations. 11 .6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 3.38 acres. K.* Reportsl20061PC ReporisIO4-10-06UNX 06-2006 (Brown).d"