HomeMy WebLinkAboutOrdinance 4902 Doc ID : 010305910003 Tvoe : REL
Recorded : 06/24/2006 at 03 : 26 : 01 Ph
Fee Amt : $14 . 00 Pace 1 of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
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ORDINANCE NO. 4902
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AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2125
(CC2006-5), FOR PROPERTY LOCATED AT THE NORTH
END OF 59TH AVENUE, OFF WEDINGTON DRIVE,
CONTAINING APPROXIMATELY 60.20 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" and map labeled Exhibit `B"
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. 11I,111p
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PASSED and APPROVED this I51 day of August, 2006.
S : FAYETTEVILLE •
APPROVED- ATTEST: _�:• :.N,.
�9s�9PKANSP�J�','
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By: / By:
D AN COODY, ayo SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2125
ALL OF THE NW 1 /4 OF THE NW 1 /4 AND PART OF THE SW 1/4 OF THE NW 1/4 OF
SECTION 11 , T16N, R31W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1 /4, NW
1 /4 THENCE S00°58'0159W 1994.84 FEET, THENCE N89005 '25"W 1321 .29 FEET; THENCE
N01003 ' 51 "E 1979.92 FEET; THENCE S89°44'21 "E 1318.03 FEET TO THE P.O.B. ;
CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
> ? EXHIBIT " B..
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4"'`06-2125 DUNNERSTOCK/FOSTER
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City of Fayetteville
Staff Review FormOa
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Contracts r�o .&rz#ft�
18-Jul-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 06-2125 (Dunnerstock/Foster, 397): Submitted by James McCord for property located at north end of 59th Avenue, off
Wedington Drive. The property is in the Planning Area and contains approximately 60.20 acres. The request is to annex the
subject property into the City of Fayetteville.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Date Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
Original Contract Number:
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Comments:
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City Council Meeting of July 18, 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 29, 2006
Subject: Annexation for Dunnerstock/Foster (ANX 06-2125)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 60.20 acres of property located at 59"' Avenue, north of Wedington.
BACKGROUND
The subject property contains approximately 60.20 acres and is located north of
Wedington Drive. The Master Street Plan designates 591h Avenue as a collector street,
which if constructed, would traverse north through the subject property. The Heritage
Village Subdivision is located adjacent to the east property line, with an existing stub-out
that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
DISCUSSION
This item was heard at the regular Planning Commission on June 26, 2006. The Planning
Commission voted 6-2-0 to recommend approval of this annexation request to the City
Council, with Commissioners Ostner and Anthes voting no.
BUDGET IMPACT
None.
I,
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06-2125 (CC2006-5), FOR
PROPERTY LOCATED AT THE NORTH END
OF 59T" AVENUE, OFF WEDINGTON DRIVE,
CONTAINING APPROXIMATELY 60.20
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" and map labeled Exhibit "B"
, 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.
PASSED and APPROVED thisday of 12006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2125
ALL OF THE NW Y< OF THE NW '/ AND PART OF THE SW '/ OF THE NW '/< OF
SECTION 11 , T16N, R31W 1N WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NW '/e, NW '/
THENCE S00058 '01 "W 1994.84 FEET, THENCE 1489005 ' 25"W 1321 .29 FEET; THENCE
NO1003 ' 51 "E 1979.92 FEET; THENCE S89°44' 21 "E 1318.03 FEET TO THE P.O.B.;
CONTAINING 60.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
EXHIBIT " B "
ANXoDUNNERSTOCKUFOSTER
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Tayet Ie PC Meeting of June 26, 2006
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Faycltevillc, AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: June 20, 2006
ANX 06-2125: (DUNNERSTOCK/FOSTER, 397) : Submitted by JAMES MCCORD for
property located at N END OF 59Th AVENUE, OFF WEDINGTON DRIVE. The property is in
the Planning Area and contains approximately 60.20 acres. The request is to annex the subject
property into the City of Fayetteville.
Planner: Jesse Fulcher
RECOMMENDATION :
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES f r
ar + r=�k � '�a� - ` � � �Forivarded =*��` ❑ Demed .� ,
Date June 26,1006
CITY COUNCIL ACTION: - Required '= YES W k
❑ Approved ❑ D Hied .. `..
Date July'18 2006 (15` reading if recommended) -
BACKGROUND:
Property description & Proposal: The subject property contains approximately 60.20 acres and
is located north of Wedington Drive. The Master Street Plan designates 59th Avenue as a
collector street, which if constructed, would traverse north through the subject property. The
Heritage Village Subdivision is located adjacent to the east property line, with an existing stub-
out that intersects the subject property. The property to the west is largely undeveloped with
large lot single-family homes and farmland.
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits, and anticipated development of the property as proposed by the
owner will be consistent and compatible to surrounding subdivisions should the property be
annexed into the City of Fayetteville. Furthermore, the annexation proposed creates a logical and
reasonable city limit boundary in this location.
K:lReporul2006l PC ReporaIO6-26-061ANX 06-2125 (Dunnerstack_Fos(er).doc
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes on large lots Planning Area
South Single family homes on large lots R-A, Residential Agriculture
East Heritage Village Subdivision RT- 12, Residential Two and Three Family
West Single family homes on large lots Planning Area
INFRASTRUCTURE:
Streets: The site has access to Wedington Drive, Fountain Street and 59`h Avenue.
Improvements will be required to surrounding streets which includes off-site
improvements. An evaluation will be made by staff at the time of preliminary plat
or large scale development.
Water: Public water is near to the site. A study of the water system shall be conducted by
the developer. Substantial improvements to the water system may be required
which includes off-site improvements. An evaluation will be made by staff at the
time of preliminary plat or large scale development.
Sewer: Sanitary sewer is near to the site. Substantial improvements to the sewer system
may be required which includes off-site improvements. This development will be
within the sewer assessment area. An evaluation will be made by staff at the time
of preliminary plat or large scale development. A study of the downstream system
shall be conducted by the developer.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire:
The 60.20 acres are covered by Engine 7 located at 835 Rupple Road.
It is 1 .8 miles from the station with an expected response time of 4 minutes.
The Fire Department anticipates 55 (33 EMS — 22 Fire/Other) calls for service per
year once the development is completed and maximum build-out has occurred.
There are no recorded measured hydrant flows for this area.
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.
K. IRepor[s12006PC Reports106-26-06LiNX 06-2125 (Dunnerslock_Fos(er).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: Annexation of the property will not create an island of unincorporated property
or a peninsula. The subject property is adjacent to an existing peninsula,
however annexing the property will not extend the existing peninsula. Rather,
the boundary created is an acceptable and logical extension of the city limits in
this area.
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 south and
east.
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 is located west of an existing
residential subdivision. The property does not consist of defined subdivisions or
neighborhoods; however, 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 Wedington Drive to the south and from
Fountain Street to the east, from Heritage Village Subdivision. Annexation of
the property to allow for Planning Commission review of development in
accordance with City standards is recommended.
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. However, the subject property, if annexed would
create a continuous horizontal boundary along the north property line of the
Heritage Village Subivision.
1 1 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 4 minutes for fire protection
from Fire Station #7. Extension of water and sewer lines shall occur at the
time of development.
K:IReportsQ006V'CReporaiO6-26061"X06-2/25 (Dunnersrock-Fotfer).doc
J
ENVIRONMENTALLY SENSITIVE AREAS
1 l .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, however there are sonic large
forested areas and several ponds. Additionally, the northeast portion of the
property is located in the Hillside/Hilltop Overlay District. At the time of
development, the proposal will be reviewed under all applicable City codes,
including the Hillside/Hilltop Overlay District requirements.
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.
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 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 extensions to this
property and street improvements will be reviewed at the time of development.
K:IRepor[s120061PC Reportsl06-26-06UNX 06-2125 (Dunnentock Foster).doc