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Home My WebLink AboutOrdinance 5007 Doc ID : 011115170003 TVDe : REL J�Recorded : -05/04/2007 at 02 : 52 : 36 PM Fee Amt : $14 . 00 Paqe 1 of 3 Washington Countv . AR , Bette Stamps Circuit Clerk File 2007-00016988 -n - - - - -- - =�= N r c?c�iW `n i ORDINANCE NO. 5007 �n AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 07-2507, FOR PROPERTY LOCATED AT 835 SOUTH LEWIS WOODS LANE, WEST OF LAKE SEQUOYAH, CONTAINING APPROXIMATELY 13 .22 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 "B" and map labeled 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. 1 . _•, FW Reg '�. PASSED and APPROVED this 17m day of April, 2007. bly •O ;Gp :gyp= F:r YETTEVILLE * APPROVED: ATTEST: •'� s,n 5 'i. o - ' /GfON By: - By: l \/�V1QM :"uurew% DAN COO DY, May SO DRA E. SMITH, City Clerk/Treasurer r IN � 7 $ , }p, tkSY - t i - / '� � t' �-: �^^ Y 2 r � aid _�,,8 . eY e ErS� 3.c._'y�3ss�K.�<ixL � • • � �`� -. 3.. ..oav .sem A r.,.}} MINI �\ a pFc}& 'iy. 'dlSfiL1T'i II ` S +• ��' �i .. q ry 4 ��"45 �t 5e`r '9g1Yrilq r' �4 W r—� a� nlr—, ��x ��'a•€'tiu°.a� x - zcc� - � "� � '*Yi.� �� _ --�1 ��. � moi ` � .��IS..��` �dn� r .•-��ry� c f1�.:D\ � � }t f OR rE?��' . 1 EXHIBIT "B" ANX 07-2507 A PART OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION SEVENTEEN ( 17), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE , NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 17; THENCE S02°46' 26"W 556.88 FEET; THENCE S86044' 08"E 236.05 FEET TO THE POINT OF BEGINNING; THENCE S87010'29"E 803 .68 FEET; THENCE S29°22' 03"W 115 .69 FEET; THENCE S02°51 '00"W 660.00 FEET; THENCE N87002'49"W 751 .55 FEET; TO THE EAST BOUNDARY OF LEWIS BALDWIN ADDITION; THENCE ALONG SAID EAST BOUNDARY OF LEWIS BALDWIN ADDITION NO2°48' 50"E 761 .82 FEET TO THE POINT OF BEGINNING, CONTAINING 13 .22 ACRES, MORE OR LESS. SUBJECT ANY EASEMENTS THAT ARE RECORDED OR UNRECORDED. Washington County, AR I certify this instrument was filed on 05/04/2007 02:52:36 PM and recorded in Real Estate File Number 2007-0001698 Bette Stamps - Circuit C e by Al'ICanm Democrat ( iaxil 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 5007 Was inserted in the Regular Editions: April 26, 2007 Publication Charge: $84 . 40 ORDINANCE NO. 5007 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED R ANNEXATION PETITION AN% 07- Taye �j T� �/�Subscribed and sworn to before me 2507, FOR PROPERTY LOCATED A $PURV C/Y LEWISWOODS LANEWEST OF LAKE SEOUOYAM, Thifi] I day of 007. CONTAINING APPROXIMATELY 13.22 ACRES. ARKANSAS al�P 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 "B" and map labeled Exhibit "A" attached hereto and made e 1., pen hereof. Notary PubltAAL Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect Me change provided In Section 1 above. Section 3: That Me official zoning map of Me City Of Fayetteville, Arkansas is hereby amended to assign the zoning designation of Fli Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. 1. Commission and APPROVED this 17th day of April, 2007, My Commission Expires : APPROVED; ATTEST: By: By; DAN COODY, Neyw SONDRA E. SNITH, Clty Cbzk7Thb..anr Sharlene Exhibit A is a map and may be viexred In the office of the city clerkAreawrar during rormal business D. Williams boars Notary Public EXHIBITAB" ANx 07-2507 State of Arkansas A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (BE 1/4) OF SEC- TION SEVENTEEN (17), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, Y Commission Expires WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: October 18, 2014 COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER BE 1/4) OF THE SOUTHEAST QUARTER (a 1/4) OF SAID SECTION 17; THENCE SO2*46'26"W 558.88 FEET; THENCE SS6°44'08'E 236.05 FEET TO THE POINT OF BEGINNING; THENCE S87010.29-E 803.68 FEET: THENCE S29022'03"W 115.69 FEET; THENCE S0Y51'00-W 680.00 FEET, THENCE NB7'02'4M 751.55 FEET; TO THE EAST BOUNDARY OF LEWIS BALDWIN ADDITION; THENCE ALONG SAID EAST BOUNDARY OF LEWIS BALDWIN ADDITION N02648'SD"E 761.82 FEET TO THE POINT OF BEGINNING, CONTAINING 13 22 ACRES, MORE OR LESS. SUBJECT ANY EASEMENTS THAT ARE RECORDED OR UNRECORDED. RECEIVED - - - - - - --- APR 2 '1 2007 CITY OF FAYETTEVILLE Crry CLERKS OFFiGE SEGT9 State of Arkansas ®•. ®, o Secretary of State Business & Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3407 gRRANSPS Communications & Education 683-0057 State Capitol Police 682-5173 Charlie Daniels Business office 682.8032 Secretary of State Information Technology 682-3411 May 1, 2007 The Honorable Karen Combs Pritchard RECEIVED Washington County Clerk MAY 0 z 2007 230 North College Avenue, Suite 300 CRY OFFAYETTEVILLE Fayetteville, AR 72701 CRYCLERKS OFFICE Dear Ms. Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 04/30/2007 County: Washington City: Fayetteville Annexation: Ordinance No. - 5007 Co. Order No - 2005-10 Plat X—ANX 07-2507 Election Island Incorporation: Ordinance No. Co. Order No. Plat Election Census Information: The following City or Town has been upgraded or reduced to: 1st Class City 2nd Class City Incorporated Town I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway and Transportation Department. If you have any further questions please do not hesitate to contact me at 1-800482-1127 or 682-3451 Sincerely, Tena Arnold Election Services Representative Arkansas Secretary of State Room 256 State Capitol • Little Rock, Arkansas 72201 - 1094 501 -682. 1010 • Fax 501 -682-3510 e-mail: arsosOsosmail.state.ar.us • www.sos.arkansas.gov FROM (THO MAY 3 2007 12 : 30 /ST . 12 : 30 /Mo . o81o79o78o P "s PautSuskie- • ARKANSAS- • (5682-14 01) 51 PUBLIC SERVICE COMMISSION d TAX DIVISION Sandra L. Hochstatter t000-Center Street. Commissioner P.O. Box 8021 (501) 1182 1455 little Rock,.Arkansas 72203-8021 Daryi.F -ea_sn_ Phone.(501}652-1231 Fax (501) 682-6043. Sarah M, Bradshaw Commissioner E-mail: WQpsc.state.ar.us- Director (501) 682-1453 (501) 682-1231 May- 1; 2007 0 2ri T) Ms. Karen Combs Pritchard Washington County Deputy Clerk : 1' 'l 280. North-College-Avenue.- Suite-300 Fayetteville, AR 72701 - - . cn CD Re: Annexations Dear Ms. Pritchard: This is to acknowledge receipt of annexation(s) no. CC-06-30,C-2005-10, CC-2006- 19. The information has Keen forwarded.ta the appropriate utilities. Sincerely, Robin Satterfield Executive Secretary FROM ( THU ) MAY 3 2007 12 : 30/ST . 12 : 30 /No . 68100796786 P 2 • 0 State of Arkansas `a Secretary of State euslness & Commeteid 5ervices 882-3409 ekctbns 6023070 6uumn0 & Ground* 502-3407 •Iq ANs�s Communlcallom & Uuon i 683+0057 8We eapLL01 Palen 682.5173 Charlie aaniers Basins ante 682.8n.37 Secretary Of State nlonnetlolrTechnolo.V 682-3411 May 1,. 2UU7 e Pn` The Honorable Karen Combs Pritchard f -�,-, Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 ^ ' Dear Ms. Pritchard: - m The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 04/30/2007 County: Washington City: Fayetteville Annexation: Ordinance-No: - 5007 Co. Order No - 200510 Plat X—ANX 07-2507 Election . Island Incorporation: Ordinance No: Co. Order No. Plat Election Census Information: The following City or Town has been upgraded or reduced to: 1st Class City 2nd Class City Incorporated Town I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway and Transportation Department. If you have any further questions please do not hesitate to contact me at 1-800482-1127 or 682-3451 Sincerely, dLQ. Tena Arnold ` Election Services Representative Arkansas $eClCtatY of 256 Rate Cap" * LUe Rack, Mkan"s 72201. 1094 501.682- 1010 • Pax 501 -682.3310 e-mail: arso 0mafl:statc.wxs • r .sos.arkamms.gov City of Fayetteville • y��7�O7 Staff Review Form 54��O 7 City Council Agenda Items n� X or �I Contracts cvr 17-Apr-07 �Q City Council Meeting Date Jeremy Pate` Planning Operations Submitted By Division Department Action Required: ANX 07-2507 (Spencer, 572, 573): Submitted by Dan and Anita Spencer for property located at 835 South Lewis Woods Lane, west of Lake Sequoyah. The property is in the Planning Area and contains approximately 13 .22 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 CaleTo / 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 2 Previous Ordinance or Resolution # n/a Dep enl Di D to Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in Ci Clerk's O ice ((\�� ENTERED Finance and lServicgiDirector Date O Received in Mayor's Office ENTERED Mayor Date LX C�j Comments: City Council lCleeting of April 17, 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 d� Date: March 28, 2007 Subject: Annexation for Spencer (ANX 07-2507) RECOMMENDATION Planning staff and the Planning Commission recommended approval of the subject annexation request for approximately 13.22 acres of property located at 835 South Lewis Woods Lane, west of Lake Sequoyah. BACKGROUND The subject property contains approximately 13 .22 acres. The subject property is located . within the city's Planning Area west of Lake Sequoyah, east of Lake Sequoyah Drive. Property south, west, and east of the subject property was annexed into the City of Fayetteville in the 1960s to incorporate Lake Sequoyah, a primary water source at the time. DISCUSSION This item was heard at the regular Planning Commission on March 26, 2007. The Planning Commission voted 8-0-0 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 07-2507, FOR PROPERTY LOCATED AT 835 SOUTH LEWIS WOODS LANE, WEST OF LAKE SEQUOYAH, CONTAINING APPROXIMATELY 13 .22 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 `B" and map labeled 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 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. 1 . PASSED and APPROVED this of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk _ t 1 4 hqc Lx` OR r*RIM see NV lL Y( All Or9 9 '>3ir .�gr t miY. r w 1.1av .mss a 4frn J ea ' - . '�h� `�fi,.. \f .3..,2 �m y 9.`s -.,. :r?? � ^� , � ss.'ay.,^fi^ -`Yt`+.. r .a +_Ss3 a , ate' W41 �. . 1(S}djlw . Y F ! �1 yjl?.ks�Cyff},=f[ra PS@ i Legend Boundary ANX07 25D7 Overlay D1Sbk.1 yy �Y I Outside City Legend 1 0 .25 1 1 - EXHIBIT "B" ANX 07-2507 A PART OF THE SOUTHEAST QUARTER (SE ''/4) OF THE SOUTHEAST QUARTER (SE ''/4) OF SECTION SEVENTEEN (17), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE %4) OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 17; THENCE S02°46'26"W 556.88 FEET; THENCE S86044'08"E 236.05 FEET TO THE POINT OF BEGINNING; THENCE S87010929"E 803 .68 FEET; THENCE S29°22'03"W 115 .69 FEET; THENCE S02°51 '00"W 660.00 FEET; THENCE N87°02'49"W 751 .55 FEET; TO THE EAST BOUNDARY OF LEWIS BALDWIN ADDITION; THENCE ALONG SAID EAST BOUNDARY OF LEWIS BALDWIN ADDITION NO2048' 50"E 761 .82 FEET TO THE POINT OF BEGINNING, CONTAINING 13.22 ACRES, MORE OR LESS. SUBJECT ANY EASEMENTS THAT ARE RECORDED OR UNRECORDED. Yeev1 le PC Meeting of March 26, 2007 ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 19, 2007 Updated March 28, 2007 ANX 07-2507: (SPENCER, 533/572/573): Submitted by DAN & ANITA SPENCER for property located at 835 SOUTH LEWIS WOODS LANE, WEST OF LAKE SEQUOYAH. The property is in the Planning Area and contains approximately 13.22 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: Dan and Anita Spencer Planner: Andrew Gamer RECOMMENDATION: Staff recommends approval of the requested annexation of 13.22 acres into the City of Fayetteville based on the findings herein. Incorporation of this property into the City of Fayetteville will establish zoning regulations and ensure compliance with ordinance regulations at the time of development. PLANNING COMMTISSION ACTIONL: Re uiced =YES. Y•CL • tt ll� �> Y �' ❑ Approved D ❑ emed I • y'i ". L c :sX; s- . ..a°' 451Y ^ 'LY e Date: March 26, 2007 Motron:ClarkSecond:''rTruinbo oe:.°=8 0 rt.) -. sY1'p. �`•dx J s�..:. TMl . Y.o-piA o f Y x. Y. ` e ' � F y 4l1 i@ CITY COUNCIL ACTION:. ' `=Requit ed L YES t L ;' �O Approved ❑ Dented ' ii '! stvr .yeM1.�*a {sv .s ;1± �^� n.�. ,y Date: Apnl'I7, 200701 4re•adlne recommended) °tf recommeed) L°�° r `'_ yI! 1' ti. .ti.M ,S t t [ � ��d6 SY2 F Cd } •£ L • BACKGROUND: Property description: The subject property contains one parcel of property containing 13.22 acres. The property is located west of Lake Sequoyah, east of Lake Sequoyah Drive. Property south, west, and east of the subject property was annexed into the City of Fayetteville in the 1960s to incorporate Lake Sequoyah, a primary water source. K: IReports120071PC Reports103-26-07UNX 07-2507 (Spencerj.doc Proposal: The applicant proposes annexation of 13.22 acres into the City of Fayetteville. Public Comment: Staff has received no public comment concerning the requested annexation. Recommendation: Staff recommends the incorporation of this property into the City of Fayetteville. Incorporation of this property will create an acceptable city boundary and ensure that development of the property is compliant with City regulations within an appropriate zoning district. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Agricultural Planning Area South Rural Residential R -A, Residential Agricultural East Undeveloped/Lake Sequoyah R -A, Residential Agricultural West Single Family Residential R -A, Residential Agricultural INFRASTRUCTURE: Streets: The site does not have access to a public street. Lake Sequoyah Road is the closest public street. A row of single family residences is between this parcel and the road to the west, and a piece of agricultural property is located between this parcel and the road to the north. Lake Sequoyah Road is an unimproved, narrow roadway in this location. Street extension and improvements to the adjacent streets will be evaluated at the time of development. Water: Public water is not located adjacent to the site although there is a 6" waterline along Lake Sequoyah Road to the west and north. Water service will need to be extended to the property at the time of development. The fire flow capacity of the existing mains may need to be studied at the time of development Sewer: The site does not have access to sanitary sewer. There is a 6" sewer main along Lake Sequoyah Drive to the west and north of the property. Sewer service may need to be extended to 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 existing main may need to be studied at the time of development Fire: The subject property is located approximately 5 miles from Fire Station #5 at 833 North Crossover. Response time to the property is projected at 8 minutes. When the new Fire Station #3 is completed at the Tyson complex on Huntsville the response time will be reduced to 7 minutes. This response time is above the City's goal of having the first unit on the scene within 6 minutes, 90% of the time, and the City's goal of assembling all responding units to the scene of a moderate risk assignment within 10 minutes, 90% of the time. There should be no adverse effects on call volume. K:IReports)200APC Reporu103-2607UNX 07-2507 (Spmcer).doc 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: City Plan 2025 identifies the portion of this property within the Planning Area as Rural Area. FINDINGS: 12.3.4 POTENTIAL ANNEXATION AREAS The potential annexation areas should be identified by the City using the following criteria: 1. Areas that are already urban in character. Finding: The subject property is not urban in character, although there is a street of single family residential homes along Lake Sequoyah Drive adjacent to the western border of the site. Sufficient infrastructure, including improved streets, sewer, drainage improvements and other essential public services are not available to the site, but are located approximately 200' to the west near Lake Sequoyah Drive. This property in contrast to urban character, consists of agricultural land and pasture. Surrounding property to the north, east, and south the subject property are rural in nature. 2. Areas that can be developed at urban densities. Finding: Densities that characterize an urban area and which can support the infrastructure, commercial and institutional development associated with these uses, do not characterize the subject property. The nearest property within the city is zoned RSF-4 and developed at a relatively low density less than 4 units per acre. Adjacent property within the city to the east and south is zoned R -A . ,.. allowing for 0.5 units per acre (2 acres per residence). Adjacent properties to the north are within the Planning Area and zoned for one single family dwelling unit per acre. These densities cannot support a complete, compact and connected urban development pattern. Though zoning is not requested to be reviewed with this specific annexation request it is unlikely that the property can be developed at urban densities at this time and be compatible with surrounding properties. Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. Finding: The city currently provides water and sewer service along Lake Sequoyah K: IReports120071PC Reports103-2607IANX 07-2507 (Spmcer).doe Drive. This property is within this general area of service, although the property does not currently have direct access to a public street, public water, or public sewer service. The city's police and fire department service the properties on Lake Sequoyah Drive. 4. Areas where urban services are already provided. Finding: Urban services are not provided to the immediate property as it is a landlocked piece of agricultural property. However urban services are provided to the residences along Lake Sequoyah Drive to the west of this property. 5. Areas where urban services are needed. Finding: As stated in Finding No. 4 above, urban services are provided to the residences in the immediate vicinity. There may be improvements needed to the existing water and sewer facilities in the area as discussed in the comments provided by the City Engineering Division. Comments from the fire department and police department are included in this staff report and do not discuss a need for improved service. 12.3.5 ANNEXATION GUIDING POLICIES BOUNDARIES 12.3.5.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 a peninsula. In the 1960s, property was annexed into the City to create the peninsula with which this property adjoins. The incorporation of this property will not extend the city limits further west than the surrounding city properties to the north and south. The proposed annexation site would fill in an area currently surrounded on three sides by property within the City limits and would make for a more logical boundary. 12.3.5.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, east, and west. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area is currently utilized for several single family homes to the west and agriculturally related activities. The annexation of this property would neither include nor exclude subdivisions/neighborhoods. K:IReporth20071PC ReporaI03-26-071ANX 07-2507 (Spenrer).doc 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the existing parcels, not natural corridors. 12.3.5.e The provision of services should be concurrent with development. Finding: Annexation of the property as currently developed will not place an additional burden on the services within the area. Should this property remain in the Planning Area, the property could be developed with a minimum 1 -acre single family lots with septic systems, city water, and streets constructed to city standards. Incorporation of the property into the City of Fayetteville will ensure that the property is zoned such that it is compatible with surrounding properties and development in accordance with all city regulations, and would provide the opportunity to connect to City sewer. Significant evaluation and potential improvements of water and sewer services are required to adequately service this property. In addition, new streets would have to be built to access this property. Fire response time to the property is 8 minutes from Fire Station No. 5. This can be improved in the near future with a planned Fire Station No. 3 on Huntsville Road. Reduction of this response time to 7 minutes is anticipated with the construction of a new fire station on the former Tyson Complex. Construction for Fire Station No. 3 is anticipated to begin in late summer of 2007 and be completed and operational by late summer of 2008. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areasa Finding: The property consists of cleared pasture land and wooded areas. No - information - has been presented to designate the subject property environmentally sensitive. However, the property is very near Lake Sequoyah. Annexation of the property would allow for the extension of sanitary sewer. Development within the Planning Area would necessitate the utilization of a community septic system or individual septic systems on each lot. Incorporation of this property would also allow for the requirement of parks, open space and tree preservation. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. K: IReportr120071PC Reportr103-26-071ANX 07-2507 (Speirer).doc Finding: Water and sewer service is of concern, with the Engineering Division requiring a study of the water at the time of development and extension of the nearest sewer services which are located approximately 200 feet from the property. Response time to this location for emergency personnel is anticipated at 8 minutes. Additional fire hydrants and adequate access would need to be provided. Annexation of the property and a zoning of Residential -Agricultural or other low density zoning comparable to the surrounding properties would not necessitate significant improvements to public services in this area. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: This property is located in an area surrounded on three sides by city limits. �a There is very little development in the surrounding area to the north, east and south, and single family development to the west. This area does not require a high level of service from. fire, police or water services. Sewer is not readily available to this property, but could be extended through adjacent property owned by the applicant. The annexation of property with a zoning of R -A will not result in significant increase of demand on emergency and public services. 12.3.5.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 consideratiomim the responses and-- ••••a:. n.tisrn recommendations included in this report. INFRASTRUCTURE AND UTILITIES 12.3.5.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• Zir+1-rn.n areas. The subject property is not being served by city utilities at this time. 12.3.5.k 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: Annexation and future development of this property will result in an increased demand on the existing infrastructure systems should the property be zoned and developed at a density greater than the low density residential similar to the surrounding development and comparable to the R -A zoning district. No long range improvements to the water system are planned for the water system around Lake Sequoyah. Increased use of the existing services in the area may negatively impact the water supply in this area. Sewer service could be extended to the property through adjacent parcels also under the ownership of K.:V7eportd20071PC Reports103-26-071ANX 07-2507 (Spmcerj.dcc the applicant. Development of the property would require an extension of the existing sewer lines, the nearest being approximately 200 feet from the property. Analysis of the downstream sewer lines and a capacity analysis of the lift stations downstream of the site would need to be conducted prior to development. As discussed in previous Findings of Fact in this report, the property does not have direct access to any public streets. Furthermore, there is high level of traffic congestion and a low level of service on the existing surrounding street system, particularly State Highway 16, the only arterial street providing access into and out of this vicinity. A thorough evaluation of the existing and resulting traffic conditions would be required if this property were to develop at a density over an R -A zoning density. This evaluation may require substantial street improvements to ensure that development would not create or compound a dangerous traffic condition. If the proposed annexation is approved the property would automatically be zoned R -A. This zoning could result in 6-7 single family residential units, with a calculated 15 -person population increase. This increase would not result in adverse impacts to provision of public services by the city.. 12.3.5.1 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 12.3.5.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater �x1fe.ov - - and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 12.3.5.0 Develop a land use plan for annexation initiated by the city. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. The property owners request annexation without a rezoning. Density on this property would be decreased as Washington County zoning requirements allow for one -acre lots and the R -A zoning requires two -acre lots. K:IRepons120071PC Reporz103-26-071ANX 07-2507 (Spencer).doc 12.3.5.q 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. These studies have been incorporated into the findings in this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Development of this property has not been proposed. At the time the applicant desires to develop the property, the applicant will be required to submit project plans for review and approval by the Planning Commission.. 12.3.5.s 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. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: This annexation consists of 13.22 acres owned•by the Spencersc:zExtending the city boundary as proposed would fill in a parcel of land surrounding on three sides by the city. This is an acceptable city boundary. 12.3.5.0 Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 13.22 acres. 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS March 7. 2007 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed ANX 07-2507: (SPENCER, 533/572/573): Submitted by DAN & ANITA SPENCER for property located at 835 S. LEWIS WOODS LN would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. The property is in the Planning Area and contains approximately 13.22 acres. The request is to annex the subject property into the City of Fayetteville. It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density nor create an undesirable increase in the load on police services. It will not create an appreciable increase in traffic danger and congestion in. the area. Sincerely, ' 7 aptain WilliamCn Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479,587.3522 Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jere Fulcher Thru: Chief Tony Johnson �� Chief BudThompsoni MAR 0 7 2007 From: Captain Dale Riggins PLANNING DIV. Date: H March 5, 2007 Re: March 7, 2007 Zoning Review —Fire Department Comments ANX 07-2485 (Homestead Homes) These 125.32 acres.are covered by Engine 7 located at 835 S Rupple Road. It is 2.4 miles from the station with an anticipated response time of 5.75 minutes to the beginning of this development. The Fire Department anticipates 33(30 EMS —13 Fire/Other) calls for service per year at the current R -A Zoning of one dwelling per two acres. 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 eftiects on our ca•ll volume or response time to this development These 13 22 acres are covered by Engine 5 located at 833.N Crossover. It is 5 miles from the station with an anticipated response time of 8 minutes. When the new station 3 is in. service at Happy Hollow and Huntsville, the response lime will be reduced 'to 7 minutes. This response time is above'our goal of having the first unit on'ihe scene within 6 minutes, 90%of the time, and our goad of assembling all responding units to the scene of a moderate risk assignment within 10 minutes, 90%�f the time. There shouldbe, no adverse effects on our call volume. va rLitMor7 These 4.20 acres are covered by Engine 4 and Ladder 4 located at 3385 N Plainview. It is 1.7 miles from the station with an anticipated response tithe of 4.5, minutes. The Fire Department does not figure calls for service on properties being ;re zoned to R-0, Residential Offices, but typically this,type of development will not increase our call volumes or response times. T H you have any questions concerning these comments please don't hesitate to call me e Fayetteville Fire Department Thursday, February 08, 200 To whovu it Mal coozern: we, as owners of the proposed area o f awaexatiovt, herebu state that this area is a part of a larger area of lav&d (20 A.) that has been inside the cite Umtts of Fauetteville since the earlkj sixties. There was a svuall island, surrounded bu the cite o f Fauetteville citki livu.its, that was in the recent past taleew into the cit1 bu the citj itself. we believe that the total area should be £wslde of the citd livu.its. This proposed awwexatiow would maize the area whole. we believe that, siwnce we have all the cite utilities ,g services ,g pa j eit j taxes, that this reru.aivu.i.tg area, contingent ow three sides bu the cite l%vuits, should be inside the citj livti.its as well. we would endeavor to answer and ciuestiows that jov vuau have coweervu.ng this propertu .g the awnexatiovt, thereof. Thawle You Dav ,g Anita spencer 2s5 Lewis woods La we Fa 0 etteville, AR 727-01 ftovu.e Phone 419-442-59x2 e-w&ail golfnutl2@cox.net 1 From: Clarice Pearman To: Pate, Jeremy Date: 4.23.07 4:25 PM Subject: Ords. 5005, 5007 & 5009 Attachments: 5007 ANX 07-2507 Spencer.pdf; 5009 VAC 07-2484 Rhoads.pdf; 5005 VAC 07-2549 Spencer.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinances passed by City Council, April 17, 2007. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice / . '.r \}4 ie'! � rte• '� :•�I i11� 2 1 gym.. 4t cr,-,3 o ANX 07-2507 (Spencer) 1 inch equals 300 feet 400 200 0 400 Feet ANX07-2507 SPENCER One Mile View a ___ �fm PGD�4 / 1 SUBJECT PROPERTY LAKE OR by c. OL 2Jk)HY Re _._. � a j, 151 .1 Z � 2- ≥ RSFn PSI \ o O f d m¢ f` y DANITA! 1 ¢ R -A N. n FSF4 p1 P •In01T4/1111 _i RSFL 1 ppN'I SV IL RI> IIIIN611.161U N R -A R p fLSra C-1R'A C -I RSFA _ -1 II H. LAKE SEQUOYAH h. RSF-1 Overvler+ Legend Boundary Subject Property '%,i Planning Area ® ANX07-2507 Overlay District Outside City Legend = Hillside -Hilltop O erlay District 0 0.25 0.5 1 Miles WE ANX07-2507 Close Up View SPENCER a ye, .. SUBJECT PROPERTY :1 \ RA 10 I t101cMAtJ MUHl'I IY RU Uj ((} is Li Overview iii _ -- ==-r= 0 125 250 500 750 1,000 Feet LAKE SEQUOYAH ANX07-2507 Future Land Use 1' L. Ix 'I I I F I Government ghblood Pla* I. HYRD ridential Nelhborhoodf& (neral Urban/Neighborhood an Center Area livic and rlvylaO`@en SpV7/Par SPENCER SUBJECT PROPERTY R nGassital kw 5 Overview Legend Subject Property Boundary ®ANX07-2507 ' i Planning Area Streets Oveday District u Existing Outside City Planned Legend 0 125 250 500 750 1.000 feet LAKE SEQUOYAH