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Home My WebLink AboutOrdinance 4894 5 �II��1��t ill �� Doc ID : 010209560002 TVPB . REL Recorded : 07/27/2006 et 11 : 38 : 14 AM UshinatonlCounty ,1 .00 ARI of 2 I Bette Stsmos Circuit Clerk Flle200640030448 F N ORDINANCE NO, 4894 • c r ? ".. c - T N AN ORDINANCE ANNEXING THAT PROPERTYFTI DESCRIBED IN ANNEXATION PETITION ANX 06- o� a 2020 (CC2006-2), FOR PROPERTY LOCATED EAST OF DOUBLE SPRINGS ROAD, NORTH OF DOT �' v TIPTON ROAD, CONTAINING APPROXIMATELY 7.5 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. ITR PASSED and APPROVED this 6th day of July, 2006. _4j ; .``3 ; FAYETTEVILLE • APPROVED- ATTEST: W9s'9a AN`eas;P•J2 GTOIA By: By: DKA -cv AN COODY, May r SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2020 THE SOUTH HALF (S 1 /2) OF THE SOUTH HALF (S 1 /2) OF THE NORTHEAST QUARTER (NE 1 /4) OF THE NORTHEAST QUARTER (NE 1 /4) OF SECTION 15, IN TOWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND CONTAINING TEN ( 10) ACRES, MORE OR LESS. LESS AND EXCEPT THE FOLLOWING ONE ( 1 ) ACRE TRACT, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID TEN ( 10) ACRE TRACT, AND RUNNING THENCE EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE NORTH 70 FEET TO THE PLACE OF BEGINNING, AND EXCEPT THE FOLLOWING ONE AND ONE-HALF (1 1/2) ACRE TRACT, DESCRIBED AS COMMENCING AT THE SOUTHWEST CONER OF SAID TEN (10) ACRE TRACT, THENCE NORTH 135 FEET, THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, THENCE WEST 484 FEET TO THE POINT OF BEGINNING, AND LEAVING SEVEN AND ONE-HALF (7 1 /2) ACRES, MORE OR LESS. ---ORO -_,. - _r *:r+^.-1"`".,,"W.!" i-,� �,�, Su,Y7„�q.'=G�'ar�:-• ..+ Washington County, AR I certify this instrument was filed on 07127/2006 11 :38:14 AM and recorded in Real Estate File Number 2006-000304 Bette Stamps - Circu't by ti Q ddLdz a�' �.n.Lrw (o/tel/off_.. a �D 1 ALDERMAN AGENDA REQUEST FORM �I6106 10 A�vX o� FORT COUNCIL MEETING OF July 6, 2006 FROM: ALDERMAN SHIRLEY LUCAS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Annex The Property Described In ANX 06-2020 (Hays) APPROVED FOR AGENDA: Shirley Luca Date V Alderman pl,• 1�. 9b erem t Date irector o Current Planning Kit William Date City Attorney (as to form) City Council Meeting of July 06, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO III To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 27, 2006 Subject: Annexation for Hays (ANX 06-2020) RECOMMENDATION The Planning Commission recommended approval of the subject annexation request for approximately 7.5 acres of property located east of Double Springs Road, north of Dot Tipton Road. BACKGROUND On April 24, 2006, the Planning Commission tabled this annexation request. The annexation of this property would have created a 1 -acre island of unincorporated property. Aware that the property owner to the north was in the process of requesting annexation through the County, staff recommended and the Planning Commission acted to table the proposed annexation until both requests could be considered simultaneously. An annexation petition was submitted for the property to the north (ANX 06-2127 Williams) and heard for consideration by the Planning Commission at the same meeting as this request. The subject property contains approximately 7.5 acres and is located on Double Springs Road, north of Dot Tipton Road. The property is bordered to the east and west by the city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. A portion of the northern property line abuts property recently annexed into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance. The remaining northern property line lies adjacent to a parcel of unincorporated property containing approximately 1 acre also proposed to be annexed into the City of Fayetteville. The applicant requests annexation of 7.5 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 RSF- 4. City Council Meeting of July 06, 2006 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on June 26, 2006. The Planning Commission voted 9-0-0 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 06-2020 (CC2006-2), FOR PROPERTY LOCATED EAST OF DOUBLE'k SPRINGS ROAD, NORTH OF DOT _ TIPTON ROAD, CONTAINING APPROXIMATEL - Y ` 7.5 ACRES. ` w BE IT ORDAINED BY THE CITY... COUNCIL OF .THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the City Council hereby ebnfrmsethe . annexation to the City of Fayetteville, Arkansas, of that property described in Exhi6if"A" attached hereto and made a part V hereof Section 2 : That the official map of-the City ofF_ ayetteville, A_ ikansas, is hereby amended to reflect the change provided in Section I above. "` µ Section 3 : That the official zoning map of the City,,of Fayetteville, Arkansas is hereby amended to assign th6 zoning' designation of*.R-A, Residential Agricultural to the subject property. 6 > 4e Sect ionA:,,Tbat the above-descnb_ed`prope?ty is hereby assigned to Ward No. Four. It .&PASSED and APPROVED tliis day of 12006. APPROVED ATTEST: 4 . By: By: DAN COODY.;' Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2020 THE SOUTH HALF (S %) OF THE SOUTH HALF (S %:) OF THE NORTHEAST QUARTER (NE '/) OF THE NORTHEAST QUARTER (NE '/<) OF SECTION 15, IN T14OWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL ,,,/ ERI IAN, AND D CONGTAINING TEN ( 10) ACRES, MORE OR LESS. LET SANEXCEPT THE FOLLOWING ONE ( 1 ) ACRE TRACT, DESCRIBED AS BEGINNING.ATTHE NORTHWEST CORNER OF SAID TEN ( 10) ACREETRACT, AND RUNNING THENCE EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE NORTH 70 FEET TO THE PLACE OF BEGINNING,. AND EXCEPT THE FOLLOWING ONE AND ONE-HALF (1 %) ACRE TRACT, DESCRIBED,'AS COMMENCIN AT THE SOUTHWEST CONER OF SAID TEN ( 10) ACRE TRACVTHENCE NORTH 135 FEET, THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, `MENCE WEST 484 FEET TO THE POINT OF BEGINNING, AND LEAVING SEVEN ANI�ZNE-HALF (7 'h) ACRES, MORE OR LESS. ,W,+ �: _ y.: e Ralik PC Meeting of June 26, 2006 ARKANSAS St- THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 16, 2006 ANX 06-2020: Annexation (HAYS, 474): Submitted by LANDTECH ENGINEERING on behalf of Joan Hays for property located on Double Springs Rd., N of Dot Tipton Rd.. The property is in the Planning Area and contains approximately 7.5 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 of the 7.5-acre tract in to the City of Fayetteville. PLANNING COMMISSION ACTION: Required YES Rj Approved O Denied Date: June 26, 2006 p )oL , ( \a�� Seco /f(,t��es ✓� ' 9-U'-U CITY COUNCIL ACTION: . Required YES ' O Approved O Denied Date July 18, 2006 (1st reading if recomureuded) BACKGROUND: On April 24, 2006, the Planning Commission tabled this annexation request. The annexation of this property would have created a 1 -acre island of unincorporated property. Aware that the property owner to the north was in the process of requesting annexation through the County, staff recommended and the Planning Commission acted to table the proposed annexation until both requests could be considered simultaneously. An annexation petition has been submitted for the property to the north (ANX 06-2127 Williams) and is on the June 26, 2006 Planning Commission agenda. Property description: The subject property contains approximately 7. 5 acres and is located on Double Springs Road, north of Dot Tipton Road. The property is bordered to the east and west by the city limits, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. A portion of the northern property line abuts property recently annexed into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance. The remaining KAReports120061PC Reportx106.26-06WNX 06-1010 (Hzos).doc northern property line lies adjacent to a parcel of unincorporated property containing approximately I acre also proposed to be annexed into the City of Fayetteville. Proposal: The applicant requests annexation of 7.50 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 RSF-4. Recommendation: Staff recommends approval of the requested annexation in conjunction with the annexation of adjacent property finding that the incorporation of this property and its anticipated development will create an acceptable city boundary and be compatible with the adjacent development. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes RMF-6 (with Bill of Assurance) Planning Area South Rural Single family homes Planning Area East Vacant (Legacy Pt. Sub. under construction RSF-4 West Silverthome Subdivision RSF-4 INFRASTRUCTURE: Streets: The site has access to Double Springs Road. Double Springs Road is an unimproved two-lane paved roadway at this property. Improvements that may be required shall be evaluated by staff as development occurs. Adjacent Streets: West: Double Springs Road (Minor Arterial) Water: Public water is adjacent to the site. There is an 8" waterline along Double Springs Road. 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 not available on the site. There is an 8" sewer line located in the adjacent subdivision on the west side of Double Springs Road and to the north in the Legacy Point Subdivision. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended to the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 7.5 acres are covered by Engine 7 located at 835 N Rupple Rd. The property is 3 . 1 miles from the station with an expected response time of 6 K:IReporm12006NC Repor1s106-26-06W XX 06-2020 (na}c).doc minutes. Measured hydrant flow in the area is 1465 gallons/minute. The Fire Department anticipates 7 (4 EMS — 3 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. 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 11 .6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation, in conjunction with the annexation of an adjacent 1- acre parcel to the north, will create an acceptable city boundary that will "fill in" an area currently surrounded by city limits. Staff finds that the proposed annexation satisfactorily meets the requirements in the annexation guideline policy. Thus, staff recommends that the annexation of this property occur in conjunction with the annexation of property to the north. 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, east 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. There are several single-family dwellings that line Double Springs Road both to the north and south of this property. Some of these homes will remain and others will be removed through development of recently annexed property. There are two existing single-family dwellings between this property and Dot Tipton Road. K.Wepor1s120061PC Reporb106-26-06WNX 06-2020 (lla)r).doc } 11 .6.d Boundaries for annexed areas should follow natural corridors. 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 some wooded areas adjacent to Double Springs Road and along the southern property line. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. EMERGENCY AND PUBLIC SERVICES 11 .6.8 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.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: The applicant has met with staff regarding the possibility of extending sewer K.Weporrsp006WC Repor[s106-16-06W NX 06-2020 (Na}s).do