HomeMy WebLinkAboutOrdinance 4896 s Doc ID : 010209580002 Tvoe : REL
Recorded : 07/27/2006 at 11 : 38 : 40 AM
Fee Amt : $11 . 00 Pace 1 of 2
j Washlnoton Countv . AR
i Bette Stamps Circuit Clerk
File2006-00030450 '
N
ORDINANCE NO. 4896 o
AN ORDINANCE ANNEXING THAT PROPERTY r '7
DESCRIBED IN ANNEXATION PETITION ANX 06- ooa (--
2127 (CC2006- 10), FOR PROPERTY LOCATED EAST p. m
OF DOUBLE SPRINGS ROAD, NORTH OF DOT Q
TIPTON ROAD, CONTAINING APPROXIMATELY 1 �?
ACRE. c� ZOO
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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 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. .�``�RK%TR ""'�.,
G••GSY
PASSED and APPROVED this 6th day of July, 2006. =��• F F
; FAYETTEVILLE ;
APPROVED: ATTEST: = =
By: Z161
By: vrquuuu •
DAN COODY, Mayo SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2127
PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE
1/4) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING 260 FEET NORTH
OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE EAST 622.30
FEET THENCE NORTH 70 FEET, THENCE WEST 622.30 FEET, THENCE SOUTH 70
FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THAT PART EMBRACED IN
THE TIPTON AND FARMINGTON ROAD ON THE WEST SIDE HEREOF.
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Washington County, AR
I certify this instrument was filed on
07/27/2008 11 :38:40 AM
and recorded in Real Estate
File Number 2008-0003045
Bette Stamps - Circuit le
by
ow
ALDERMAN AGENDA REQUEST FORM
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FOR: 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 06-2127 (Williams)
APPROVED FOR AGENDA:
66
Shirley Lucas Date
Alderman ( ,
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J rem a e Date
hecto f nt Planning
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Kit Williams Date
City Attorney (as to form)
City Council Meeting of July 06, 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: June 27, 2006
Subject: Annexation for Williams (ANX 06-2127)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 1 acre of property located east of Double Springs Road, north of Dot
Tipton Road.
BACKGROUND
The subject property contains approximately 1 acre and is located on Double Springs
Road, north of Dot Tipton Road. The property is bordered to the north, east and west by
the city limits — Silverthome Subdivision to the west and Legacy Point Phase 4 (under
construction) to the east. Adjacent property to the south, owned by Hays, as been
recommended by the Planning Commission to be annexed into the city.
The applicant requests annexation of 1 acre into the city limits. There is an existing
single family dwelling on the property. The applicant does not propose further
development of the property at this time. When property is annexed into the City of
Fayetteville, it is zoned R-A, Residential Agricultural. The bulk and area requirements
for a single-family property within the R-A zoning district require a 2-acre parcel with
200' of lot width at the right-of-way. While the tract proposed for annexation does not
meet these minimum bulk and area requirements, the applicant has not submitted an
application requesting a zoning other than R-A. The existing structures and uses may
continue, but are subject to the restrictions of nonconforming structures and uses.
Staff recommends approval of the requested annexation. The annexation of this tract and
the adjoining 7.5-acre parcel to the south will "fill-in" an area of property already
surrounded by the city limits and create a more appropriate city boundary.
DISCUSSION
This item was heard at the regular Planning Commission on June 26, 2006. The Planning
Commission voted 8-0-0 to recommend approval of this annexation request to the City
Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06-2127 (CC2006- 10), FOR
PROPERTY LOCATED EAST OF DOUBLE,
SPRINGS ROAD, NORTH OF DOT xTIP,TON
ROAD, CONTAINING APPROXIM'�ATELY � 1
ACRE. "
�zu
BE IT ORDAINED BY THE CITY: VCOIJNCIL O"HE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council hereby connfrr , �fhe'Vannexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit.tiA" attached hereto and made a part
hereof. 2w
Section 2: That the official map of the City'of.Fayetteviille,'Arkansas, is hereby amended
to reflect the change provided in Section 1 above
Section 3 : That tile official zoning map, the City •o Fayetteville, Arkansas is hereby
amended to assign the ,'zoning designation ofR-A, Residential Agricultural to the subject
property. '
4
Section _4; That the above describe8 propeity is hereby assigned to Ward No. Four.
PASSED and ?iPPROVED ttiisday of 12006.
APPROVED'. , ATTEST:
By: By:
DAN COODY., .Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2127
PART OF THE NORTHEAST QUARTER (NE '/4) OF THE NORTHEAST QUARTER (NE '/)
OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING 260 FEET NORTH
OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT;�THENCE EAST 622.30
FEET THENCE NORTH 70 FEET, THENCE WEST 622.30 FEET,THENCE SOUTH 70
FEET TO THE POINT OF BEGINNING, LESS AND EXGEPT,THAT PART EMBRACED IN
THE TIPTON AND FARMINGTON ROAD ON THE�VEST SIDE HEREOF?
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TayeI� PC Meeting of June 26, 2006
ARKANSAS
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 06-2127: (WILLIAMS, 474): Submitted by RANDY L. RITCHEY for property located
at 340 S DOUBLE SPRINGS ROAD. The property is in the Planning Area and contains
approximately 1 .00 acre. 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 1-acre tract into the City of
Fayetteville.
PLANNING COMMISSION ACTION: „ Required ` YES
V Approved O Denied
Date: Jude 26, 2006 '
.Mofion � r�.res Seco Qr
CITY; COUNCIL ACTION: Required YES
:�_.O Approved O Denied , �
Date: , July 18, 2006 (1 , reading if recommended)
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BACKGROUND:
Property description: The subject property contains approximately 1 acre (70' x 622') and is
located on Double Springs Road, north of Dot Tipton Road. The property is bordered to the
north, east and west by the city limits, with the proposed Emerald Point Subdivision to the north,
Silverthome Subdivision to the west and Legacy Point Phase 4 (under construction) to the east.
Proposal: The applicant requests annexation of 1 acre into the city limits. There is an existing
single family dwelling on the property. The applicant does not propose further development of the
property at this time. When property is annexed into the City of Fayetteville, it is zoned R-A,
Residential Agricultural. The bulk and area requirements for a single-family property within the R-A
zoning district require a 2-acre parcel with 200' of lot width at the right-of-way. The applicant has
not submitted an application requesting a zoning other than R-A; therefore, if annexed the 1 -acre
tract of property, with a 70' lot width adjacent to Double Springs Road, will become non-
conforming. The existing structures and uses may continue, but are subject to the restrictions of
nonconforming structures and uses.
K:IReports120061PC Reports106-26-06W NX 06-2/27 afflliam).doc
Recommendation: Staff recommends approval of the requested annexation. The annexation of
this tract and a 7.5-acre parcel to the south will "fill-in" an area of property already surrounded
by the city limits and create a more appropriate city boundary.
SURROUNDING LAND USE AND ZONING
Direction I Land Use Zoning
North Single family homes RMF-6 with Bill of Assurance
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. Double Springs Road is
proposed to be improved with the construction of the adjacent subdivisions.
Adiacent 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 to the west. There will also be access to sewer through the
improvements required for the subdivision proposed for the property on the north,
side of this property. Improvements to the sewer system may be required
dependent upon the demand placed by the development. Sewer service will need
to be extended to and within the property at the time of development. This
property is within the Hamestring Creek Lift Station basin.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: This 1 .0 acre is covered by Engine 7 located at 835 N Rupple Road. The property
is 2.4 miles from the station with an expected response time of 5.5 minutes.
Measured hydrant flow in the area is 1465 gallons/minute. The Fire Department
does not calculate projected calls for service on properties that are being annexed.
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.
K.Meporis12006NC Reports106-26-06WNX 06-2127 OVlliaw).doc
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 will not create an island of unincorporated property,
nor will it create an unusual peninsula within the city. The annexation of this
property in conjunction with the property to the south will create an
appropriate city boundary. Staff finds that the proposed annexation
satisfactorily meets the requirements in the annexation guideline policy.
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 and
west boundaries. The east and south property lines are adjacent to a tract of
property proposed to be annexed into the city. 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 an existing neighborhood, though this narrow, deep
lot will divide future subdivisions to the north and south of the property.
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 5.5 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.
K:IReporu120061PC Reportr106-26-06W NX 06-2117 (MIliam ).doc
1
Finding: The property is mainly cleared pasture with some wooded areas adjacent to
Double Springs Road and along the fence 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.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The property is currently developed for one single family dwelling and cannot
be further developed without rezoning. The police department reports 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.
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 .6.1 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
11 .6.j Areas currently served by utilities and other public services should be annexed.
Finding: Adjacent property to the west is currently serviced by public utilities. Property
to the north will be developing and extending services to this property. If
reasonably accessible, the applicant shall tie into these services in accordance
with ordinance requirements.
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 .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 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, annexation of the property would
KAReportd20061PC Reports106-26-06WNX 06-2127 (Mlfiams).dot
not require the upgrading of utilities unless and until additional development
that increases the demand on public services is proposed. If certain utilities are
accessible, the owner may be required to tie the existing home onto these
services.
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 have not submitted a rezoning request 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 are available to serve this property.
11 .6.q Development proposals require a separate review from the annexation proposals.
Finding: No development proposal has been submitted to the City of Fayetteville. Any
request to develop or subdivide this property requires staff review and approval
by the Planning Commission.
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.
K:IReports12006WC Reports106-26-06NNX 06-1/27 Ofllliams).doc
