HomeMy WebLinkAboutOrdinance 4925 IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
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Recorded : 10/ 10%?006 at 09 : 57 : 04 AM
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2006 SEP 26 AM 9: 09 i Bette stamps Circuit Clerk
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.A'REI I CONI.% PRffNWID I
CO, & PROBATE CLERK
WASHINGTON CO, ARK,
ORDINANCE NO. 4925
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2183
(CC2006- 16), FOR A PART OF LIERLY LANE SUBDIVISION
LOCATED SOUTH OF LIERLY LANE, CONTAINING
APPROXIMATELY 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 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.
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PASSED and APPROVED this 19th of September, 2006. ..• '. �:
; FAYETTEVILLE 0 3
APPROVED: ATTEST: �;• ;,
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By: By: DkkAk)
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A'.'
ANX 06-2183
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1 /4 OF THE SOUTHEAST 1 /4 OF SECTION 31 , TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW
1/4 OF THE NE 1/4; THENCE S02°22'20"W 31 .51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33 '23"E 85.02 FEET; THENCE NO2°33 '29"E
31 .70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38' 53"E 308.06 FEET;
THENCE S02023 '57"W 1538.07 FEET; THENCE N87°36'49"W 653 .30 FEET; THENCE
NO3005 ' 59"E 220.99 FEET; THENCE NO2°22'20"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT `B" AS SHOWN ON A LOT SPLIT RECORDED AS
DOCUMENT NUMBER 2003- 17759, BEING PART OF THE SWIA OF THE NEIA AND
PART OF THE NWI /4 OF THE SE'/< OF SECTION 31 , T- 17-N, R-30-W, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID SWIA OF THE
NEIA, THENCE S02022120" W, 31 .51 FEET TO A FOUND IRON PIN AT THE NW
CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE S87°33 '23" E,
85.02 FEET TO A FOUND IRON PIN; THENCE S02° 19' 55" W, 1285.02 FEET TO A FOUND
IRON PIN; THENCE S03 °09' 15" W, 220.89 FEET TO A FOUND IRON PIN; THENCE
N87036'49" W, 85 .71 FEET TO A FOUND IRON PIN; THENCE NO3°05'59" E, 220.99 FEET
TO A FOUND STONE; THENCE NO2°22'20" E, 1285 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.96 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
ANX06-2183 EXHIBIT " Bow
Close Up View LIERLY LANE SUBDIVISION
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Legend
Overview
p0000 Overlay Distrid FLOODWAY - — 500 YFAB
— 100Y Ft — LIMIT OF STUDY Washington County, AR
-- Baseline Profile
p Fayetteville r I certify this instrument was filed on
10/10/2008 09:57:04 AM
f D XO62183
s de C9y and recorded in Real Estate
ANX0
vedor.GDB.Footginl 200a File Number 2008-0004182
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City of Fayetteville 94
Staff Review Form tt
City Council Agenda Items
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Contracts fit e
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5-Sep-06 ✓d�✓«v�
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 06-2183 (Lierly Lane Subdivision, 244): Submitted by Blind Squirrel, LLC for a part of Lierly Lane Subdivision located
south of Lierly Lane. The property is in the Planning Area and contains approximately 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
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
Previous Ordinance or Resolution #
CDQ
Department it ctor Date Original Contract Date:
Original Contract Number:
City Attorney
Received in ity Clerk' Office
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.Finance a Internal Service Director Date
Received in Mayor's Office
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M yor Da e
Comments:
City Council Meeting of September 05, 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: August 17, 2006
Subject: Annexation for Lierly Lane Subdivision (PANX 06-2183)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 20 acres of property located south of Lierly Lane north of Clabber Creek
Subdivision Phases 3-5 .
BACKGROUND
On July 11 , 2005, the Planning Commission approved the development of Lierly Lane
Subdivision. The preliminary plat was approved with lots to be served by a decentralized
septic system within a 3.36 acre lot. While the developer was underway with
construction, final approvals were obtained for the decentralized septic system.
However, a letter was issued by"the State Health Department encouraging a connection to
sanitary sewer. This correspondence prompted the developer to again request the Water
and Sewer Committee and City Council to consider granting approval for sewer
connection.
On April 18, 2006, the City Council passed a resolution (#76-06) to allow the extension
of sewer service outside of the city' s corporate limits to the overall 23-acre parcel,
subject to a detailed contract (see attached). The applicant offered to submit a Petition of
Annexation to Washington County within five days of the City Council meeting if the
resolution was passed. The applicant has fulfilled this requirement of the Resolution and,
therefore, requests approval of annexation and rezoning. The minutes ofthe City Council .
meeting make clear that no informal approval of annexation or rezoning was being made
by approving the resolution; these requests will be judged on their own merit regardless
of the extension of sanitary sewer, which will occur whether the property is or is not
annexed. Additionally, the Resolution requires that the applicant pay all park fees and
impact fees, including future impact fees if in existence when development occurs.
DISCUSSION
This item was heard at the regular Planning Commission on August 14, 2006. The
Planning Commission voted 8- 1 -0 to recommend approval of this annexation request to
the City Council , with Commissioner Myres voting no.
BUDGETIMPACT
None.
i
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06-2183 (CC2006- 16), FOR A
PART OF LIERLY LANE SUBDIVISION
LOCATED SOUTH OF LIERLY (LANE,
CONTAINING APPROXIMATELY 20 ACRAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
P ��r
Section l : That the City Council he`ehy;xconfirmss the annexation to,�Ae, City of
Fayetteville, Arkansas, of that property described in�Exhibit "A°land 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�1��_ e:� �� . . . ,. .. .
Section 3 : That the official zonmg map OG e ,Cei -of_Fayetteville, Arkansas: is hereby
amended to assign the zonindignation �oflR A, Residential Agricultural to the subject
property.
Section 4: That"the :abosv))edescribed prope 'rt'y is hereby assigned to Ward No. Four.
/
PRPASSED APPROVED this day of 2006.
APOVE D: ATTEST:
:
:
By By DAN COODY�y'or SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2183
PART OF THE SOUTHWEST '/< OF THE NORTHEAST '/ AND PART
OF THE NORTHWEST '/ OF THE SOUTHEAST '/ OF SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, .WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
e -
COMMENCING AT A FOUND IRON PINwAT THE NORTHWEST
CORNER OF SAID SW '/ OF THE NE'•`/4 ; THENCE S02°22720"W
31 .51 FEET TO A FOUND IROWPIN AND THE POINT '.,OF
BEGINNING; THENCE S87°33.w23' E;�, 85 .02;JEET; THENCE
NO2033129"E 31 .70 FEET; THENCE ° 887°40'49"E . 258.04 FEET;
THENCE S87038 ' 53"E 308.06 FEET; THENCE ; S02023 ' 57W 1538.07
FEET; THENCE N87°36'49'..W 653 .30 FEET; THENCE NO3005 ' 59"E
220.99 FEET; THENCE NO2°2T20"E 1285.00 FEET_ TO THE POINT
OF BEGINNING, CONTAIN1NGh,22:92 ACRES, yMORE OR LESS,
BEING SUBJECT TO ANY4, EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:, ',
A PART OF�LOV3" OE TRACT cc&' AS SHOWN ON A LOT SPLIT
RECORD��AS DOCUMENT NUMBER 2003- 17759, BEING PART
OF THE SW'/!OF THE,NE'/< AND PART OF THE NWY OF THE SE %
OF SECTION `�3:I; T 17 N;+seR 30 `W, WASHINGTON COUNTY,
AR KANSAS AND B ING MORETARTICULARLY DESCRIBED AS
/FOLLOWS;'
F'\COMMENCING'AT A FOUND IRON PIN AT THE CORNER OF SAID
SSW '/< OF THE..'NE %, THENCE 502022 '20" W, 31 .51 FEET TO A
,,. .
SOUND IRON PIN'.AT THE NW CORNER OF SAID LOT 3 AND THE
POIN�T�OF BEGINNING; THENCE S87`33 ' 23" E, 85.02 FEET TO A
FOUNDIRON PIN; THENCE S02019755" W, 1285.02 FEET TO A
FOUNT) /PIN; THENCE S03009115" W, 220.89 FEET TO A
FOUND IRON PIN; THENCE N87°3649" W, 85 .71 FEET TO A
FOUND IRON PIN; THENCE NO3 °05' 59" E, 220.99 FEET TO A
FOUND STONE; THENCE NO2°22 '20" E, 1285.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.96 ACRES, MORE OR
LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
Ve LVle PC Meeting of August 14, 2006
1 ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 9, 2006
ANX 06-2183: (LIERLY LANE S/D, 244): Submitted by BLIND SQUIRREL, LLC for
property LIERLY LANE SUBDIVISION, south of Lierly Lane. The property is in the Planning
Area and contains approximately 20 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 20-acre tract into the City of
Fayetteville.
PLANNING COMMISSION ACTION: Required YES
(�OApproyed O Denied
Date: August 14, 2006 Motion: ��- Second. " uaVote: g ,K)
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 05, 2006 (V reading if recommended)
BACKGROUND:
Property description: The subject property is located within the city's Planning Area on Lierly Lane,
north of Clabber Creek Subdivision Phases 3-5. Approximately 85 ' along the west property line is
within the City of Fayetteville, though the rest is in the Planning Area. Access and existing frontage
is onto Lierly Lane, currently an unimproved street that connects to Hughmount Road.
History: On July 11 , 2005, the Planning Commission approved the development of 57 buildable
lots. The latest plans reviewed by the City Council represent 59 buildable lots. The addition of lots
require Planning Commission approval prior to the approval of the final plat. Of the 59 proposed
lots, the applicant intends to develop 43 lots with single family homes and 16 lots with duplexes.
The preliminary plat was approved with lots to be served by a decentralized septic system within a
3 .36 acre lot. Engineering staff had recommended the extension of sewer to serve this property
through City Council resolution or annexation during the review of the preliminary plat. At the
K:ReporiA20061PC ReporLA08-14-0614NX 06-1183 (Lerly Lane Subdlvision).do
meeting of the Subdivision Committee, the City Engineer placed a condition of approval on the
project that the subdivision, though in the Planning Area, had reasonable access to a public sanitary
sewer system by way of future extensions within Clabber Creek subdivision and would thus need to
connect, with City Council approval. The item was taken before the Water and Sewer Committee for
discussion; based on the comments and recommendations at that initial meeting, which resulted in
the denial of the request, that condition of appioval was removed from the project.
While the developer was underway with construction, final approvals were obtained for the
decentralized septic system. However, a letter was issued by the State Health Department
encouraging a connection to sanitary sewer. This correspondence prompted the developer to again
request the Water and Sewer Committee and City Council to consider granting approval for sewer
connection.
On April 18, 2006, the City Council passed a resolution (#76-06) to allow the extension of sewer
service outside of the city's corporate limits to the overall 23-acre parcel, subject to a detailed
contract (see attached). The applicant offered to submit a Petition of Annexation to Washington
County within five days of the City Council meeting if the resolution was passed. The applicant has
done this and, therefore, requests approval of annexation and rezoning. The minutes of the City
Council meeting make clear that no informal approval of annexation or rezoning was being made by
approving the resolution; these requests will be judged on their own merit regardless of the extension
of sanitary sewer, which will occur whether the property is or is not annexed. Additionally, the
Resolution requires that the applicant pay all park fees and impact fees, including future impact fees
if in existence when development occurs.
Recommendation: Staff recommends approval of the requested annexation, finding that the
incorporation of this property will create an acceptable city boundary and be compatible with the
adjacent development. The inclusion of this property and subsequent development as proposed
will create a connected residential neighborhood containing a mixture of housing types, sizes and
densities within the same area. Through traffic will be minimized while connections between
neighborhoods will occur.
Surrounding Land Use and Zoning. All surrounding properties are within the Planning Area and
consist of large single family properties to the north, west, and east, with an exception to the south,
which is within the City of Fayetteville municipal limits. Clabber Creek Phases 3-5 is an approved
subdivision to the south, with which this subdivision is coordinating a street coimection.
INFRASTRUCTURE:
Streets: The site has access to Lierly Lane. Lierly Lane is being improved along the
property frontage including the intersection with Hughmont Road.
Adiacent Streets:
North: Lierly Lane (Collector Street)
Water: Public water has been extended through the site for this development.
K.MeporLvk20061PC ReporatO8-14-06W NV 06-1183 (Lerly lane Subdivision).doc
Sewer: Sanitary sewer has been extended through the site for this development.
Drainage: Standard improvements and requirements for drainage were required for the
development.
Fire: These 20 acres are covered by Engine 7 located at 835 N Rupple. The property at
this time is 3 . 1 miles from the station with a projected response time of 7.5
minutes to this development. After all the connecting roads being built are in
service, the response distance will be reduced to 2. 1 miles with an expected
response time of 5 .5 minutes. Fire Department anticipates 21 ( 12 EMS — 9
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 or create an undesirable increase the
load on police services nor will it create an appreciable increase in traffic danger
and congestion in the area.
LAND USE PLAN: The Interim City Plan 2025 map identifies this property as Residential.
This property is not identified on the Sector Map as a Growth sector. Development of this
property has been approved through the City's development review process.
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: There is an unusual peninsula of city property adjacent to the west boundary of
the 20-acre tract. Annexation of this property would expand the existing
peninsula, but not in a manner that would create conflicts with extension of
utilities or access for emergency services. 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: A portion of the proposed annexation area is currently in the city and the
southern boundary of the parcel is adjacent to the city limits. The request does
K:IReporUU006WC ReporaI08-14-06W AW 06-2183 (Lerl}' Lane Subdlvisinn).do
not extend the city limit boundary further north or west than the current limits
of the existing "tag" of incorporated area.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area requested to be annexed incorporates an entire subdivision that,
through street connectivity, accesses Clabber Creek Subdivisions, creating a
more connected neighborhood with both adjacent subdivisions beingwithin the
city limits.
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 7.5 minutes for fire protection
from Fire Station #7. However, once all road work is complete, the response
time will be reduced to 5.5 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: Though the property was developed in accordance to city street standards, it
was not done under the regulations of the city's Tree Preservation Ordinance or
Park Land requirements. The developer has agreed to pay money in lieu of
park land, but there will not be a comprehensive Tree Preservation Pan for this
development as much of it has already occurred. This property is not located in
any FEMA identified floodway/floodplain and is not affected by wetlands..
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.
A:V2eportrl2006PC Reportd08-14-06WNX 06-2)83 (Lerfy Ione Suhd vision).doc
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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 been granted approval to extend public services to this area,
regardless of annexation approval.
Water, fire and police protection are currently provided south of this property
and in the general area. The property is adjacent to city limits to which 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: . The property to be annexed is undergoing new development. The utilities
Ii installed within the development will meet the needs of the 43 single family and
16 duplex lots.
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
KAReportsp006TC Reporls108-14-06WNX 06-2/83 (Lerly Lane Subdivision).doc