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Home My WebLink AboutOrdinance 4996 Doc ID : 011080510003 TVDe : REL Recorded : 04/25/2007 at 10 : 16 : 57 AM Fee Amt : $14 . 00 Pace 1 of 3 Washlnoton Countv . AR Bette Stamps Clrcult Clerk I Flle200740015477 , i o o ORDINANCE N0. 4996 a' AN ORDINANCE ANNEXING THAT PROPERTY Z ca DESCRIBED IN ANNEXATION PETITION ANX 06-22W �+ LOCATED AT 36013 3611 , AND 3677 WEIR ROAD, CONTAINING APPROXIMATELY 10.61 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 map labeled in Exhibit "A" and described in 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. ` FtKIT Rrrr � PASSED and APPROVED this 3rd day of April, 2007. ;��,• G�� Y •oF•, p =U • F APPROVED: ATTEST: ; FAYETTEVILLE : cz' � RkANSPS J=�. By: By: DAN COODY, May SONDRA SMITH, City Clerk EXHIBIT "A" ANX06-2288 BROYLES ' FtRu7e Land Use tZA $x 20 : o 12 y la r qq $ 1 SUBJECT PROPERTY : ' ' : n WILLIE PERKY W r I 1 f LeL.gend Future :Land Use.2025 ? CLAS . , industnal - -�Non-Mu... I. :GovammeM x I *K . i * . ; :Complete Neighborhood Plan . Z 4' r z — Natural Area : .: �._ GRWSE Ra Y; IXOIIS�ae: �GRdUSE Rp i `A l� 1 . _ Rural Area . RasideLmal Nefghbofiood Area Ji : ' : i� rl N,�p 'LRrsTnLare I` 9 l .• . ( SN C-Y$IaL QY lJrban/gty Neighborhood Area ? _ 1 ; ` , a <:• . -:UrbanCentarke I i � : ? E ' ' . Civic and Prlvate Open SpaceJParks ti r s+'r:ErCRass ab \ NP ,. . - .Civic Instlbtional 1• '., 3 sow ® 1iuildirg (2004) IC . I B•. Overview Legend Subject Property eourKtary AN%08.2288 _ - 0%0PWu*ig Kea �000e streets �000& Ovalar Dlatrlq ESIs" ENOMide CRY Planned = Legend --'t0 125 250 Soo 750 1x000 Feet EXHIBIT "B" ANX 06-2288 A PART OF THE NW '/4 OF THE NW '/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE NW '/4 OF THE NW '/4 OF SAID SECTION 32 AND RUNNING THENCE NO2050127"E 616.67 FEET; THENCE N78034' 37"E 225 .33 FEET; THENCE N76° 16'42"E 209.63 FEET; THENCE N76004' 57"E 249.82 FEET; THENCE S03° 10' 10"W 799.22 FEET; THENCE N87°34' 37"W 653 .96 FEET TO THE POINT OF BEGINNING, CONTAINING 10.61 ACRES, MORE OR LESS, WASHINGTON COUNTY ARKANSAS. SUBJECT TO THE WASHINGTON COUNTY ROAD NO. 94 (WEIR ROAD) RIGHT-OF-WAY ALONG THE NORTH SIDE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. I Washington County, AR I certify this instrument was filed on 04/25/2007 10:16:57 AM and recorded in Real Estate File Number 2007-00015477 Bette stamps - Circuit Clerk I by /IV✓ Arkansas Democrat azdte Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE , AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Ordinance 4996 Was inserted in the Regular Editions: April 12, 2007 Publication Charge : $79 . 13 ORDINANCE NO. 4988 1 ' AN ORDINANCE ANNEXING THAT PROPERTY /� • {� 2288,DESCRIBED LOCA E ANNEXATION PETITION ANX E- aye Subscribed and sworn to before me ROA LOCATED NI 3601, 3611, AND 3677 WEIR n /� /� ROAD, CONTAINING APPROXIMATELY 10.61 1 . This day of l ' tl II 11 2007. ACRES. ` ARKANSAS: ARKANSAS 9E IT ORDAINED BY THE CIT' COUNCIL OF THE CITY OF FAYETTEYILLE, ARKANSAS: .. Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville. Aconites, I(1I of that property map labeled in Exhibit "A' and described In Exhibit 'S' attached hereto and made Nota Publics Q apart hereof. ry ' Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect Use change provided in Section.1 above. Section 3: That the official zoning map of the Ciry.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 this 3rd day of April, 2007. 4 My Commission Expires : APPROVED: r ATTEST: , Sharlene D. Williams DAN oDDDT1 K . 1 soNDRA sNITN. CNT Clerk Notary PUbIIC Exhibit A is map and may be viewed in the Office of the CityClerk/Treasurer during normal business ?i hours. ' - IF State of Arkansas ' EXHIBIT 'S' , ' ANx TION 32 My commission Expires A PART OF THE AR 1/4 OF THE NW CR OF SECTION LO TOWNSHIP NI NORTH, RANGE 30 WEST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NGSOUTHWEST ENCE October 18, 2014 CORNER 'E THE MN 1/4 OF THE NW 114E 2 SAID SECTION 32 AND RUNNING HENCE THENCE N7616.67 FEET; THENCE , THENCE S 225.33 FEET; THENCE T. THENCE E 209.63 FEET; THENCE ET TO THE INTO FEET; THENCE CONTAINING '10"1 799.22 FEET; THENCE LESS, WASH- INGTON653.96 FEET TO THE POINT OF BEGINNING, CONTAINING 70.61 ACRES, MORE OR LESS,SUBEC COUNTY ARKANSAS. SUBJECT TO THE WASHINGTON R El k ROAD NO. 94 (WEIR ROAD) RIGHT-OF-WAY Alz{)NG ® THE NORTH SIDE AND ANV OTHEfl EA,` .DENTS AND/OR RIGHT-0F WAYS OF RECOR0. ', APR 16 2007 CITY OF FcVETTE"i11 Corr al _C c: 4 ole. City of Fayetteville Staff Review Form City Council Agenda Items or -aagY� Contracts � 1' .20-Mar-07t�s City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ANX 06-2288 (Broyles, 245): Submitted by James Atwood for property located at 3601, 3611 , and 3677 Weir Road. The property is in the Planning Area and contains approximately 10.61 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 CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a . d De nt Date Original Contract Date: n/a Original Contract Number: n/a City Attey Received i Office '% Q ,_ Finance and Internal Service Director Date Received in Mayor's Office � � a7 Mayor Date Comments: ,c 't � 4 , o,�y 41c Old City Council Meeting of March 20, 2007 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: March 01 , 2007 Subject: Annexation for Broyles (ANX 06-2288) RECOMMENDATION Planning staff and the Planning Commission recommended approval of the subject annexation request for approximately 10.61 acres of property located on W. Weir Road, west of N. Salem Road. BACKGROUND The subject property contains approximately 10.61 acres. The subject property is located within the city' s Planning Area on W. Weir Road, west of N. Salem Road. The property is bounded by Salem Meadows Subdivision to the south, which has been constructed and Holcomb Heights Planned Zoning District to the east, which is tracking concurrently with this annexation request. DISCUSSION This item was heard at the regular Planning Commission on February 26, 2007. The Planning Commission voted 7-0-0 to recommend approval of this annexation request to the City Council. BUDGETIMPACT None. p ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 06-2288, LOCATED AT 36017 3611 , AND 3677 WEIR ROAD, CONTAINING APPROXIMATELY 10.61 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section l : That the City Council hereby confirms the annexation to the City of . Fayetteville, Arkansas, of that property map labeled in Exhibit "A" and described in 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 this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk Ilf yiY BROYLES .iiiiiiiii .....:................... .............................................................................. .............................................................................. ............................................................................... ............................................................................... ............................................................................... ............................................................................... .............................................................................. ..................................................................................... ......................................................................... ........................................................................ ..... .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. ..................._...._................................................... .............................................................................. .............................................................................. .............................................................................. ............................................................................... ............................................................................... _............................................................................. ............................................................................... .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. ii:::ii:::::::::::::::::::::::::::::::::::::::?:ii:ii:iiiiiiiii:iiii:iiiiiiiii •. ' ! " • ::::i::::!:::i:::i?'!:ii'r.::::i::ii:isiiiiii:i:iiii:iiiiEi:i:::i:iiiiii::i ii: 1 N eiSY? f _ 1 1 : > Leg , SU J Property Boundary Streets c Overtay • < Planmd Legend 0 125 2SO Soo 750 11 EXHIBIT "B" ANX 06-2288 A PART OF THE NW /40F THE NW '/< OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NW /40F THE NW /40F SAID SECTION 32 AND RUNNING THENCE NO20501277'E 616.67 FEET; THENCE N78034' 37"E 225.33 FEET; THENCE N76' 16'42"E 209.63 FEET; THENCE N76004' 57"E 249.82 FEET; THENCE S03010' 10"W 799.22 FEET; THENCE N87°34'37"W 653.96 FEET TO THE POINT OF BEGINNING, CONTAINING 10.61 ACRES, MORE OR LESS, WASHINGTON COUNTY ARKANSAS. SUBJECT TO THE WASHINGTON COUNTY ROAD NO. 94 (WEIR ROAD) RIGHT-OF-WAY ALONG THE NORTH SIDE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. 1 `+ Tayel PC Meeting of February 26, 2007 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain 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: r W Updated February 27, 2007 ANX 06-2288: (BROYLES, 245): Submitted by JAMES ATWOOD for property at 3601 , 3611 AND 3677 WEIR ROAD. The property is in the Planning Area and contains approximately 10.61 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 of the 10.61-acre tract into the City of Fayetteville. PLANNING COMMISSION ACTIOPT Requrred ; 1 ES �, . , a s s rr a1( Forwardeda ❑ A roved, ` }` ❑ Denied k r � Er PP5ts . s. 3ra.. s « s1' 3 DateJJWebruary 26 2007 Mdtwn T�r�umb o� Second. Clark � JAW,51e 7 0 0 t + S` ?' rMJ',Kt- ' `astir a' ..✓ +3+ 3" 'ai°�:g a+Ya�+s -s X ," t • ''. I y , ?,`,> ySCITY,,COUNCIL ACTION @' '��t rF,�� $�',y�P"T -0� a,i^{' 8'`f,K� a`� �.. �^ a �.Ys � :x, 3. .rktm�a ❑ DCnled'iA"�s, fT� ��' �- �'x=3 , ,�.-: ,� ' * ust'�''`"�`< � '� c �❑ Pproved �� -x �. v, � �z �" �'"° �� Y,f D.�a,)t�e?• *March 20 2007 (1= rea'�me rf recommen�ed) �' �-� ; `>,� �� ' ,. , "'�' 3 �3.+""5G�-: p�pi�7,� �+. a'9 ,C1. �' S.,yh+� -t: SY`�, ( 1y +;f� t�.Y•k 3.Esr .4�n4dk ' a � ,s �^�`c�.,�' � � y+Y > . }�✓.�a`jy� tN�j�.' S�` T?k� �`sr . '.2i. n ..t��5• k'�. + `z. F _ 'eTe'�F?.`�.C�.��rc �LY��.�Sh� "�µ x.7� �ZP�?�•: BACKGROUND: Y Property description: The subject property is located within the city's Planning Area on W. Weir Road, west of Salem Road. The property is bounded by Salem Meadows Subdivision to the south, which has been constructed and Holcomb Heights Planned Zoning District to the east, which is tracking concurrently with this annexation request. Recommendation: Staff recommends approval of the requested annexation, finding that the incorporation of this property will create a more appropriate city boundary than what currently exists. Connectivity from Holcomb Heights Subdivision in addition to the location of Rupple and Weir Roads adjacent to the property will allow for future development that is connected with surrounding developments, thereby providing more coordinated improvements and connectivity in this area. K:IReporec110071PC ReporuiO2-26-07WNX 06-1188 (BrQvtes_Holcomb Heights).doc Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Rural residential/W. Weir Road Planning Area South Salem Meadows Subdivision RSF-4 East Crystal Springs Subdivision/Salem Road RSF-4 West Rural residential / agricultural Planning Area INFRASTRUCTURE: Streets: The three properties currently access W. Weir Road to the north, however the future extension of Rupple Road is located adjacent to the west property line and a proposed stub-out from Holcomb Heights Planned Zoning District will be located to the east. Adiacent Streets: North: W. Weir Road (Collector) West: Rupple Road (Principal Arterial), not currently constructed Water: Public water is located adjacent to the site. There is a 12" waterline, which extends from Rockhaven Subdivision to the east and across Salem Road. The 12" main will need to be extended through the subject property to provide service at the time of development. A connection to the existing 8" water main located in the Salem Meadows Subdivision to the south will be required as well. Sewer: Sanitary sewer is available adjacent to the site. There is an 8" sanitary sewer main located at the south property line in the Salem Meadows Subdivision. Sewer service will need to be extended within the property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the Crystal Springs Lift Station will need to be evaluated to determine if sufficient capacity is left available to handle the development. This property is within the Hamestring Creek Lift Station Drainage Area. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 10.61 acres are covered by Engine 7 located at 835 N. Rupple Road. The property is 2.6 miles from the station with a projected response time of 7.5 minutes to this development. The long response time is due to Rupple Road being a narrow and curry road. Engine 2 on North Garland Avenue has approximately the same response time. This response time is above the Fire Department's goal of having the first unit on the scene within 6 minutes-90% of the time and the department's goal of assembling all responding units to the scene of a moderate risk assignment within 10 minutes-90 % of the time. It has been proposed (Fayetteville Fire Department: Deployment Study 2003) to build a fire station K.Weporo120071PC Reporis101-26-07WNX 06-7788 (Broyles_Holcomb Heighu).doe (Station 9) to cover this northwest part of the city_ Currently the Fire Station is at Trigger Point #2 in this area which indicates the need for a contract to secure land in this area for the future. The Fire Department is in contact with developers in this area and has a verbal commitment for approximately 2 acres which would put the Fire Station on target for the projected service demand matrix. There is no recorded measure hydrant flow in this area. We do not anticipate calls for service on areas that are proposed to be annexed. 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 City Plan 2025 map identifies this property as Residential Neighborhood Area. 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 or a peninsula. Rather, annexation of the property would create a more uniform city boundary. The 10.61-acre tract is currently bordered on the south and east by property located within the City limits and bordered by Weir Road to the north and the future extension of Rupple Road to the west. 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 with an existing right-of-way to the north. 11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area is located adjacent to Salem Meadows Subdivision to the south and the proposed Holcomb Heights Subdivision to the east. Annexation of the subject property will fill in a gap in the City Limits and create a more desirable boundary. 11 .6.d Boundaries for annexed areas should follow natural corridors. K-IRepons120071PC Reports102-26-071ANX 061188 (Broyles_Holcomb Heights)-doc