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HomeMy WebLinkAboutOrdinance 5170 Doc ID : 012459920003 TVDe : REL Recorded : 08/29/2008 at 11 : 17 : 17 AM d Fee Amt : $25 . 00 Pace 1 of 3 Neshinoton Countv . AR Bette Stamps Circuit Clerk File2008-00028645 y� N r ORDINANCE NO. 5170 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 08-2899 (CC2007-38), FOR PROPERTY LOCATED 0.5 MILE SOUTH OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE, CONTAINING APPROXIMATELY 53 .53 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, as shown in Exhibit "A" and depicted 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. tAAMM1Section 4: That the above-described property is hereby assigned to Ward No. Four. °�FRWTR,£q '' s PASSED and APPROVED this 19'" day of August, 2008. -)3; : FAYETTEVILLE • APPROVED: 'v ••qR P� •~ ' GTMA By By: Q&dAde g PJ1� DAN COODY, Mayor SONORA E, SMITH, City erk/Treasurer PALge Me - . . . . pw 1.0 ev z rak' � . . x n . .'. 4 {fi=r. '» ams t s } � � � � • a �� �, iS+ m ti C9 YS ,LR � �+`�• $tri. ��y '^s r t ` M1 - � .l 4 } I s � 4 G EXHIBIT "B" ANX 08-2899 SHARP ANNEXATION LEGAL — PART OF SOUTHPASS A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHWEST QUARTER (NW'/4) AND A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT NORTH 02022'54" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SE'/4 OF THE NW'/4 OF SAID SECTION 25 ; THENCE SOUTH 87°49'29" EAST 1328.22 FEET; THENCE NORTH 02010'31 " EAST 313 .33 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25- 16-31 ; THENCE SOUTH 88013'52" EAST 1317.99 FEET; THENCE SOUTH 02°36'53 " WEST 1332.74 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87°45'45" WEST 1307.74 FEET; THENCE NORTH 01038'46" EAST 399.05 FEET; THENCE NORTH 04036'44" EAST 86.77 FEET; THENCE NORTH 88005'55 " WEST 895 . 11 FEET; THENCE NORTH 19016'17" WEST 13 .40 FEET; THENCE NORTH 36° 16' 19" WEST 300.00 FEET; THENCE NORTH 26056' 19" WEST 170.00 FEET; THENCE NORTH 15°56' 19" WEST 29.30 FEET; THENCE SOUTH 42°00'30" WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST 36.61 FEET; THENCE NORTH 02° 13'17" EAST 179.28 FEET; THENCE NORTH 86°42'23 " WEST 22.36; THENCE NORTH 02°22'54" EAST 55.00 FEET TO THE POINT OF BEGINNING, CONTAINING 53 .53 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 08/29/2008 11 :17: 17 AM and recorded in Real Estate File Number 2008-0002864 Bette Stamps - Circuit I by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8119/2008 City Council Meeting Date Agenda Items Only Jeremy Pate Planning Operations Submitted By Division Department Action Required: ANX 08-2899 (Frank Sharp, 631 ): Submitted by Appian Centre for Design for property located 0.5 mile south of Highway 62 West and east of Holland Drive. The property is in the Planning Area and contains approximately 53.53 acres. The request is to annex the subject property into the City of Fayetteville. Cost of this request Category I Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached t/(J Previous Ordinance or Resolution # Department Di1na Date G Original Contract Date: Q 1 - y � Original Contract Number: City Attorney Date Recei EM Cie Oif cteb Finance and Internal Service Director Date Received infD Mayor's Office Q$ � Mayor (, Date Comments: Revised April 16, 2007 li City Council Meeting of August 19, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jcremy C. Pate, Director of Current Planning Date: July 31 , 2008 Subject: Annexation for Frank Sharp (ANX 08-2899) RECOMMENDATION Planning staff and the Planning Commission recommend approval of the subject annexation request for approximately 53 .53 acres of property located south of State Highway 62 West on the east side of Holland Drive. BACKGROUND The subject property contains 53.53 acres and is located south of State Highway 62 (6th Street) and east of Holland Drive. The property is undeveloped wooded hillside, accessed from Highway 62. The property is surrounded by undeveloped and rural- residential property. The subject property is adjacent to property in the City to the north, and adjacent to the 910-acre SouthPass property to the southeast. DISCUSSION This item was heard at the regular Planning Commission meeting on July 28, 2008. The Planning Commission voted 6-0-0 to recommend forwarding this annexation request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED 1N ANNEXATION PETITION ANX 08-2899 (CC2008-38), FOR PROPERTY LOCATED 0.5 MILE SOUTH OF HIGHWAY 62 WEST AND EAST OF HOLLAND DRIVE, CONTAINING APPROXIMATELY 53 .53 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, as shown in Exhibit "A" and depicted 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 of 12008. APPROVED: ATTEST: By : By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "B" ANX 08-2899 SHARP ANNEXATION LEGAL - PART OF SOUTHPASS . A PART OF THE SOUTHEAST QUARTER (SE%) OF THE NORTHWEST QUARTER ( NW'/4) AND A PART OF THE SOUTHWEST QUARTER (SW'/4) OF THE NORTHEAST QUARTER ( NE'/<) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 31 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT NORTH 02022154" EAST 997.92 FEET FROM THE SOUTHWEST CORNER OF THE SE'% OF THE NW% OF SAID SECTION 25; THENCE SOUTH 87°49'29" EAST 1328.22 FEET; THENCE NORTH 02° 10'31 " EAST 313.33 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID 25-16-31 ; THENCE SOUTH 88° 13'52" EAST 1317.99 FEET; THENCE SOUTH 02°36'53" WEST 1332. 74 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE NORTH 87045'45" WEST 1307.74 FEET; THENCE NORTH 01 038'46" EAST 399.05 FEET; THENCE NORTH 04°36'44" EAST 86.77 FEET; THENCE NORTH 88005'55" WEST 895. 11 FEET; THENCE NORTH 19°16'17" WEST 13.40 FEET; THENCE NORTH 36°16'19" WEST 300.00 FEET; THENCE NORTH 26°56' 19" WEST 170.00 FEET; THENCE NORTH 15°56'19" WEST 29.30 FEET; THENCE SOUTH 42°00'30" WEST 148.95 FEET; THENCE SOUTH 64°33'07" WEST 36.61 FEET; THENCE NORTH 0201317" EAST 179.28 FEET; THENCE NORTH 86°42'23" WEST 22.36; THENCE NORTH 02022'54" EAST 55.00 FEET TO THE POINT OF BEGINNING, CONTAINING 53.53 ACRES, MORE OR LESS. fa C PC Meeting of July 28, 2008 y I ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: r ' '� ' � Updated.7uly 31, 2008 ANX 08-2899: (FRANK SHARP, 631/632): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY 62W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew Garner BACKGROUND: Property description: The subject property contains 53 .53-acres and is located south of State Highway 62 (6h Street) and east of Holland Drive. The property is undeveloped wooded hillside, accessed from Highway 62. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Rural Residential Planning Area/R-A South Single Family Residential Planning Area East Undeveloped Planning Area West Rural Residential Planning Area Proposal: The applicant proposes annexation of 53 .53 acres into the City of Fayetteville. The applicant's submittal letter states that no development is being contemplated at this time. INFRASTRUCTURE: Streets: The property has frontage on Holland Drive (a collector street) and Wolfdale Road (local street). Both of these roads are currently un-improved two lane roads. Street improvements will be evaluated at the time of development. Water: Public water is not available to this site. The nearest water is a 6-inch water main - at Wolfdale Road which is about 1 ,000 feet to the south of the property. The capacity of the existing main may need to be studied at the time of development. K:IRepora1200WC Repor1s114 - hdy 18UNX 08-2899 (FranUharp).doc i Sewer: Sanitary sewer is not available to the site. The nearest sewer is a 6-inch sewer main at Holland Drive and Holsten which is about 1 ,600 feet to the north of this property. 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 3 .5 miles from Engine 6 located at 900 South Hollywood with a projected response time of 7 minutes. The Fire Department discussed that along with the SouthPass development that is adjacent to the southeast corner of the subject property, that this annexation will affect response times along with calls for service in this part of the city. The developers of SouthPass have expressed interest reserving a suitable location for a fire department within their development that would address this concern. 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. RECOMMENDATION: Staff recommends forwarding the requested annexation with a recommendation for approval based on the findings included as part of this report, PLANNING COMMISSION ACTION:: . ', Required+ `,YFS > I =X . Forwardedf 11 Denied. . i Date: July 28, 2008 MoanT Anthes Second: GrivesILI Vote 6-0-0y; CITY COUNCIL �ACTION �r`ti Required �YES� F .,., ` 0 Approved `i4 Le 0 Denied ,A- Date^' Aueust 19, 200 (lsi reading if recommended) ' t y t4 h ` ' LAND USE PLAN: General Plan 2025 identifies this property within the Planning Area as a Rural Area and Natural Area which includes lands with limited development potential due to an environmental resource and requires conservation and preservation in any development pattern. Infrastructure is only available to serve low-density development patterns. K. Wepons12008WC ReportsU4 - July 2814NX 08-2899 (Fran6Sharp).dw 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 surrounded on all sides by undeveloped forested hillsides and sparely populated rural residential land uses. This area is not considered urban in character, and has not previously been identified for annexation. The property is within the City's Planning Area. 2. Areas that can be developed at urban densities. Finding: The subject property cannot be developed at urban densities at this time. The roads accessing the property are narrow two-lane unimproved roads and water and sewer are not in the immediate vicinity. Unless significant improvements occur, the . property will likely remain in a relatively undisturbed or low density state for some time. 3. Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. Finding: There are not existing water and sewer lines available to the subject development. The closest water main is approximately 1,000 feet to the south and the closest sanitary sewer main is approximately 1,600 feet to the north. The city's police and fire departmen ts do not currently service surrounding developments. However, the southeast corner of this project is adjacent to the SouthPass annexation of over 900 acres that extends over Kessler Mountain and all the way west to Cato Springs Road and the I-540 corridor. As part of the SouthPass project a new police and fire station and water and sewer line improvements would be provided. With these improvements impacts to municipal services from this annexation would be negligible. The police department commented that this annexation would not have adverse impacts on provision of police service. Water and sewer service would need to be extended to this property at the time of development. 4. Vacant lands that are subject to development pressure. Finding: The southeast corner of the property is adjacent to the SouthPass project. The SouthPass project proposes a new urban center for the City of Fayetteville and approximately 4,320 residential units and 344,000 square feet of non-residential space. The SouthPass project may place the subject property under development pressure, though much of the property contains similar environmental constraints to development. 5 . Areas where urban services are already provided, Finding: Surrounding properties are largely undeveloped and are not provided with city K.IReports120081PC ReporuV4 -July 28UXX08-2899 (FrankSharp).do services. 6. Areas where urban services are needed. Finding: Urban services are unavailable to the subject property and surrounding areas. Urban services will be needed to serve the SouthPass development adjacent to the southeast. 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 subject property in combination with the SouthPass annexation to the southeast will create an island of unincorporated property to the north, if both are approved. Although the creation of islands are not typically recommended . because of efficiency of public services, the SouthPass and Frank Sharp annexations are desired to create a more contiguous southern boundary for the City, and to provide a City boundary that extends from Cato Springs Road all the way to Holland Drive, and north to State Highway 62 (61h Street). Further, the island created is sparsely populated and not easily accessed at this time; calls for service are likely very low. Additionally, the SouthPass annexation has been anticipated for a number of years and is identified in the City's Future Land Use Plan as an anticipated growth area. 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 north.' 12.3 .5 .c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The subject property is not apart of a platted subdivision. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the existing parcels and right-of-way. 12.3.5.e The provisions of services should be concurrent with development. Finding: Public services will be required to be provided concurrent with development in accordance with Fayetteville Unified Development Code requirements. Currently public services are not available. ENVIRONMENTALLY SENSITIVE AREAS K:Weporfs12008WC RepomU4 - July 2814NX 08-2899 (FranUharp).d" i 12.3 .5. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: This area has been identified on the Future Land Use Plan as both Rural and Natural Areas. This site is also within the Hillside Hilltop Overlay District (RHOD). This area is an environmentally sensitive area with a number of natural resources including natural landforms, densely forested areas, a number of informal hiking and mountain biking trails and wildlife. There are several properties in the area south of State Highway 62 in these local mountains that have been placed within conservation easements, including a 20-acre property to the north owned by the applicant, Frank Sharp. The subject property may be able to provide a link between the many of trails to the south accessed from State Highway 62 and the SouthPass project. The proposed zoning for the subject property is low-density residential (RSF-1) which would allow for preservation of the sensitive areas on this property, consistent with this policy. Development regulations within the City are more suited to protect the environmentally sensitive areas than those in the County. EMERGENCY AND PUBLIC SERVICES 12.3 .5 .g Public services must be able to be provided efficiently in newly annexed areas. Finding: Water and sewer service is not readily available in the area as water is approximately 1,000 feet away and sewer service is approximately 1,600 feet away. The Fire Department commented that with a new Fire Station in the SouthPass development adequate service would be provided. The current response time is 7 minutes to the property. The Police Department commented that this annexation will not result in adverse impacts to provision of police service. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service will be required to be provided to this area with the same level of response and service as other properties in this area, if annexed in the City of Fayetteville. This property is adjacent to areas already being served by the city adjacent to the north off of Smokehouse Trail. 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 consideration. in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 123.5 .j Areas currently served by utilities and other public services should be annexed. Finding: Water and sewer services are not currently provided to adjacent properties. Land to the north is located within the City limits and once developed, will require city K:Weports@00MC Reports V 4 -July 28UNX 08-2899 (FrankSharp).doc