HomeMy WebLinkAboutOrdinance 5172 f
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Doc ID : 012486200004 Tvoe : REL
Recorded : 09/ 16/2008 at 11 : 35 : 19 AM
Fee Amt : $30 . 00 Paae 1 of 4
Mashinaton Countv . AR
Bette Btamos Circuit Clerk 2000 SEP - 4 AM I1 : 37
File 2008-00030445
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ORDINANCE NO, 5172
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY
FROM THE CITY OF FARMINGTON AND ANNEXING SAID
TERRITORY INTO THE CITY OF FAYETTEVILLE, PURSUANT
TO A.C.A. § 14-40-2101
WHEREAS, A.C.A. § 14-40-2101 provides a procedure for the simultaneous
detachment of territory from one municipality and annexation of such territory into an adjoining
municipality; and
WHEREAS, Rausch Coleman Land Development Company is desirous of moving
parcels of substantially equal size from Fayetteville into Farmington, and from Farmington into
Fayetteville to provide a more manageable and clear city limits border within its development
between the cities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby calls for the
simultaneous detachment from Farmington and annexation into Fayetteville of property
described on Exhibit A and shown on Exhibit B (attached) upon request of the owners of this
property.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the City of Farmington schedule and hold a public hearing on the detachment and
annexation within 60 days of the effective date of this ordinance and notify the Fayetteville City
Clerk of the date for the public hearing in sufficient time for her to publish a legal notice at least
15 days before the hearing.
Section 3 : If the City of Farmington concurs by ordinance in the simultaneous
detachment from Farmington and annexation into Fayetteville of the land described on
If
Page 2
Ord. 5172
Exhibit A and shown on Exhibit B, the City Council of the City of Fayetteville, Arkansas, hereby
annexes said land into Fayetteville, amends the official map of Fayetteville, and assigns the land
to Ward 4.
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PASSED and APPROVED this 2"d day of September, 2008.
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; FAYETTEVILLE ;
APPROVED: ATTEST: :. '1
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DM4�CO66Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
ANX 08-3036
DESCRIPTION OF PARCEL TO CONVEY FROM FARMINGTON TO FAYETTEVILLE:
A PART OF THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF
THE NORTHWEST QUARTER (NW 1 /4) OF SECTION 24, TOWNSHIP 16 NORTH,
RANGE 31 WEST (SEC 24, T-16-N, R-31 -W) AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS : BEGINNING AT A 1/2" REBAR MARKING THE NORTHWEST CORNER
OF THE SOUTHWEST QUARTER (SW 1 /4) OF THE NORTHWEST QUARTER (NW 1 /4)
OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T-16-N, R-31 -W),
SAID POINT LYING ON THE CURRENT CITY LIMITS LINE OF FARMINGTON AND
FAYETTEVILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINE S 87° 17'55 " E
653 .78 FEET TO A POINT; THENCE CONTINUING WITH SAID CITY LIMIT LINE S
01053'47" W 785.80 FEET TO A POINT; THENCE LEAVING SAID CITY LIMIT LINE N
87059'22" W 558.53 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION WITH A
TANGENT CURVE TURNING TO THE LEFT WITH A RADIUS OF 455 .00 FEET, HAVING
A CHORD BEARING OF N 89010'04" W AND A CHORD DISTANCE OF 18.71 , HAVING
AN INTERIOR ANGLE OF 02021 '24" AND AN ARC LENGTH OF 18.71 TO A POINT;
THENCE S 89039'14" W 76.80 FEET TO A POINT ON THE EAST LINE OF
MEADOWLARK SUBDIVISION; THENCE WITH SAID EAST LINE N 01 °54'57" E 797.23
FEET TO THE POINT OF BEGINNING AND CONTAINING 11 .86 ACRES MORE OR
LESS. BASIS OF BEARINGS IS A SURVEY BY TONY ANDERSON (PLS 1272), JOB
NUMBER 06- 12-02, DATED 9/12/07.
NOTE:
CALLS THAT FOLLOW THE CURRENT AND FUTURE RIGHTS-OF-WAY OF ALBERTA
STREET ARE BASED ON THE FINAL PLAT OF WALNUT CROSSING SUBDIVISION
(PREPARED BY ENGINEERING SERVICES, INC, RECORDED AT PLAT FILE 23, PAGE
235) BUT HAVE BEEN ORIENTED TO THE TONY ANDERSON BOUNDARY SURVEY
REFERENCED IN EACH SECTION ABOVE AS A BASIS OF BEARING.
Washington County, AR
1 certify this instrument was filed on
09/18/2008 11 :35: 19 AM
and reco d in Real Estate
File Numb r2008-00030445
Bette to s - Circuit Clerk
by
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Doc ID: 012480170003 TVDa : REL
Recorded : 09/12/2008 at 10: 19 :45 AM
2808 SEP 12 AN 10: 22 Fee Amt : $28 .00 Pace 1 of 3
Mashlnoton Countv . AR
Bette Stamos Clrc.ilt Clerk
ilki 1@ CO3(t� rril iUTA4 ii FL4008-00030026
Co. BPR PAI ECLERK
WASHINGTON CO. ARK.
ORDINANCE NO. 2008-15
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM THE
CITY OF FAYETTEVILLE AND ANNEX NG SAID TERRITORY INTO THE CITY
OF FARMINGTON, PURSUANT TO A.C.A. 14-40-2101
WHEREAS, A.C.A. 14 }0-2101 provides a procedure for the simultaneous detachment
of territory from one municipality and annexation of such territory into an adjoining
municipality; and
WHEREAS, Rausch Coleman Land Development Company is desirous of swapping
parcels of substantially equal size from Fayetteville into Farmington, and from
Farmington into Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FARMINGTON, ARKANSAS:
SECTION 1 . That certain territory presently within the corporate limits of the City of
Fayetteville is contiguous to and adjoins the City of Farmington. The City of Farmington
hereby calls for the simultaneous detachment and annexation of the lands that are
described in Exhibit A, which is attached hereto and incorporated herein by reference.
SECTION 2. That the proposed detachment and annexation of lands described in Exhibit
A was requested by the owners of the subject property.
SECTION 3. That a copy of this ordinance shall be sent to the governing body of the
City of Fayetteville. Within sixty (60) days of the effective date of this ordinance, the
governing body of the City of Fayetteville shall conduct a public hearing on the proposed
detachment and annexation.
SECTION 4. That at least fifteen (15) days prior to the date of the public hearing, the
Farmington City Clerk shall publish a legal notice of said public hearing, which shall ,also K f f1N
set out the legal description of the territory proposed to be detached and annexed. . • t F . . . ....,..GT.
ovoGIAL °y
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SECTION 5. That at said public hearing, officials of both municipalities, as well as
property owners within the area proposed to be detached and annexed, may appear and
present their views on the proposal.
SECTION 6. That at the next regularly scheduled meeting of the Fayetteville City
Council following the public hearing, said City Council may bring the proposed
ordinance up for a vote to concur in the detachment and annexation. If approved, a prima
facie case for detachment and annexation shall be established, and the City of Farmington
shall proceed to render services to the newly annexed area.
PASSED AND APPROVED THIS 8TH DAY OF SEPTEMBER, 2008.
Ernie Penn, Mayor
Kelly Thor s, City Clerk
OF FA/j/
OFFICI,e,
EXHIBIT A
Description of Parcel to Convey from Fayetteville to Farmington:
A part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW '/4) of the Northwest Quarter
(NW '/4) of Section 24, Township 16 North, Range 31 West (Sec 24, T-16-N, R-31-W) and more
particularly described as follows: Beginning at a %" rebar marking the Northeast Comer of the
Northwest Quarter (NW '/4) of the Southwest Quarter (SW %4) of Section 24, Township 16 North,
Range 31 West (See 24, T-16-N, R-31-W), said point lying on the current City Limit line of
Farmington and Fayetteville, Arkansas; thence with said City Limit line N 87036'42" W 654. 19 feet to
a Point; thence also with said City Limit line N 01°53147" E 533 .61 feet to a Point on the Southern
Right-of-Way of Alberta Street; thence leaving said City Limit line and following the southem Right-
of-Way of Alberta Street S 87°5922" E 279.09 feet to a Point; thence along said Right-of-Way in a
easterly direction with a tangent curve turning to the right with a radius of 4955.00 feet, having a
chord bearing of S 87°4743" E and a chord distance of 33 .60, having an interior angle of 00°23' 19"
and an are length of 33.60 to a Point; thence along said Right-of-Way S 87°36'03" E 264.82 feet to a
Point; thence along said Right-of-Way in a easterly direction with a tangent curve turning to the Ieft
with a radius of 5045.00 feet, having a chord bearing of S 87°48'09" E and a chord distance of 35 .48,
having an interior angle of 00°24'11 " and an arc length of 35.48 to a Point; thence along said Right-of-
Way S 88000114" E 40.99 feet to a Point on the Western line of Walnut Crossing subdivision; thence
leaving said Right-of-Way and following the Western line of Walnut Crossing subdivision S
01052'36" W 535.91 feet to the point of beginning; containing 8.035 acres more or less. Basis of
Bearings is a Survey by Tony Anderson (PLS 1272), job number 06-12-02, dated 9/12/07.
NOTE:
Calls that follow the current and future Rights-of-Way of Alberta Street are based on the Final Plat of
Walnut Crossing Subdivision (prepared by Engineering Services, Inc, recorded at Plat File 23, Page
235) but have been oriented to the Tony Anderson boundary survey referenced in each section above
as a basis of bearing.
I�
washington County, AR
I certify this Instrument was filed on
09!1212006 1019:45 AM
and recorded In Real Estate
File Number 2006-00030026
Bette stamps - Circuit Clerk
b i
Page 1 of 2
Clarice Pearman = Fwd: Re: Detaching Territory
From: Sondra Smith
To: Pearman, Clarice
Date: 9.15.08 6:37 PM
Subject: Fwd: Re: Detaching Territory
Attachments:
Farmington's ordinance for the de-annexation.
Sondra E. Smith, CAMC, CMC
City Clerk/Treasurer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479) 575-8323
ssmith@ ci.fayetteville.ar.us
> > > Karen Minkel 9/14/2008 12:56 PM > > >
Please see attached. I'm not sure why the second document is included, but this is what Melissa sent to me.
Thanks,
Karen
Karen Minkel
Interim Director of Long Range Planning
City of Fayetteville
(479) 575-8271
> > > Sondra Smith 9/12/2008 5:52 PM > > >
Hi Karen
Can you please forward me a copy of the ordinance passed by the City of Farmington. Thanks!
Sondra E. Smith, CAMC, CMC
City Clerk/Treasurer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479) 575-8323
ssmith@ci^favetteville.ar.us
>> > Karen Minkel 9/12/2008 4:38 PM >> >
Melissa,
Could you verify your public hearing date, time and location for our notification purposes?
Thanks,
Karen
Karen Minkel
Interim Director of Long Range Planning
City of Fayetteville
file://C:\Documents%20and%20 Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\48CEAB7DF... 9. 16.08
Page 2 of 2
(479) 575-8271
> > > "Melissa McCarville" <melissamccarville(la cityoffarmington-ar.gov> 9/12/2008 3:45 PM > > >
Here is the ordinance we passed at our council meeting last Monday. Please
let me know the details of your public hearing so that we can get an
advertisement in the paper 15 days prior. Thanks for your cooperation with
this! If you need anything else let me know.
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\48CEAB7DF. . . 9. 16.08
City of Fayetteville Staff Review Form
?'/a 16e
City Council Agenda Items
and 51 -7a
Contracts, Leases or Agreements off
August 19, 2008
City Council Meeting Date _ �
Agenda Items Only N 6�(�
Karen Minkel Long Range Planning Operations
Submitted By Division Department
Action Required:
ANX 08-3036 (Fayetteville_Farmington Land Swap): Submitted by Rausch Coleman Homes for property located
west of the Walnut Crossing Subdivision. The request is to annex 11 .86 acres from Farmington in exchange for
8.035 acres in Fayetteville to allow further development by the property owner.
Cost of this request Category / 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
It 4n
C7— ' —�V Previous Ordinance or Resolution #
Department ire Date
C Original Contract Date:
O
j K Original Contract Number:
orney Date t�
Received in C ySNiERED
`�� Q {� �� a Y da Clerk's Office *
Finance and Internal Service Director Date
Received in ENiEAED Qp �
Mayor's Office
Mayor / Date
Comments:
Revised April 16, 2007
/itf on Yee .s�c6�lailc�d, �� 5//9, /aW
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: Karen Minkel, Interim Director of Long Range Planning
Date: July 31 , 2008
Subject: Fayetteville_Farmington Land Swap (ANX 08-3036)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of the subject
annexation request for approximately 11 . 86 acres from Farmington in exchange for 8.035
acres in Fayetteville to allow further development by the property owner.
BACKGROUND
The subject property contains 11 .86 acres and is located within the City of Farmington
west of the Walnut Crossing and Coves developments. Pursuant to A .C.A § 14-40-2101 ,
two contiguous municipalities may simultaneously detach and annex territory, subject to
approval from the governing body of each municipality. Rausch Coleman Homes
requested that the City of Fayetteville and the City of Farmington approve the exchange
of two substantially equal tracts of property, resulting in new city limit boundaries for
each municipality. Specifically, 11 .86 acres north of Alberta Street would be detached
from Farmington and annexed into Fayetteville, and 8.035 acres south of Alberta Street
would be detached from Fayetteville and annexed into Farmington. The portion of
Alberta Street that borders the property would fall under Fayetteville' s jurisdiction. See
attached maps for reference.
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 .
If this annexation is approved by the City Council, the City of Farmington City Council is
required to hold a public hearing on the detachment and annexation within 60 days of the
effective date of this ordinance. The City of Farmington had its first reading of the
detachment and annexation of Fayetteville's 8.035 acres on July 14, 2008. The second
reading is scheduled for August 11 .
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY
FROM THE CITY OF FARMINGTON AND ANNEXING SAID
TERRITORY INTO THE CITY OF FAYETTEVILLE, PURSUANT
TO A.C.A. §14-40-2101
WHEREAS, A.C.A. §14-40-2101 provides a procedure for the simultaneous
detachment of territory from one municipality and annexation of such territory into an
adjoining municipality; and
WHEREAS, Rausch Coleman Land Development Company is desirous of
moving parcels of substantially equal size from Fayetteville into Farmington, and from
Farmington into Fayetteville to provide a more manageable and clear city limits border
within its development between the cities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby calls•
for the simultaneous detachment from Farmington and annexation into Fayetteville of
property described on Exhibit B and shown on Exhibit A (attached) upon request of the
owners of this property.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
requests that the City of Farmington schedule and hold a public hearing on the
detachment and annexation within 60 days of the effective date of this ordinance and
notify the Fayetteville City Clerk of the date for the public hearing in sufficient time for
her to publish a legal notice at least 15 days before the hearing.
Section 3: If the City of Farmington concurs by ordinance in the simultaneous
detachment from Farmington and annexation into Fayetteville of the land described on
Page 2
Ord.
Exhibit B and shown on Exhibit A, the
Arkansas, hereby annexes said land into
Fayetteville, and assigns the land to Ward 4.
City Council of the City of Fayetteville,
Fayetteville, amends the official map of
PASSED and APPROVED this 50, day of August, 2008.
APPROVED:
DAN COODY, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
ANX 08-3036
DESCRIPTION OF PARCEL TO CONVEY FROM FARMINGTON TO FAYETTEVILLE:
A PART OF THE WEST HALF (W %2) OF THE SOUTHWEST QUARTER (SW '/) OF THE
NORTHWEST QUARTER (NW '/) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31
WEST (SEC 24, T -16-N, R -31-W) AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A ''/2" REBAR MARKING THE NORTHWEST CORNER OF
THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/) OF
SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T -16:N, R -31-W), SAID
POINT LYING ON THE CURRENT CITY LIMITS LINE OF FARMINGTON AND
FAYETTEVILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINE S 87°17'55" E
653.78 FEET TO A POINT; THENCE CONTINUING WITH SAID CITY LIMIT LINE S
01°53'47" W 785.80 FEET TO A POINT; THENCE LEAVING SAID CITY LIMIT LINE N
87°59'22" W 558.53 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION WITH A
TANGENT CURVE TURNING TO THE LEFT WITH A RADIUS OF 455.00 FEET, HAVING
A CHORD BEARING OF N 89°10'04" W AND A CHORD DISTANCE OF 18.71, HAVING
AN INTERIOR ANGLE OF 02°21'24" AND AN ARC LENGTH OF 18.71 TO A POINT;
THENCE S 89°3914" W 76.80 FEET TO A POINT ON THE EAST LINE OF
MEADOWLARK SUBDIVISION; THENCE WITH SAID EAST LINE N 01°54'57" E 797.23
FEET TO THE POINT OF BEGINNING AND CONTAINING 11.86 ACRES MORE OR
LESS. BASIS OF BEARINGS IS A SURVEY BY TONY ANDERSON (PLS 1272), JOB
NUMBER 06-12-02, DATED 9/12/07.
NOTE:
CALLS THAT FOLLOW THE CURRENT AND FUTURE RIGHTS -OF -WAY OF ALBERTA
STREET ARE BASED ON THE FINAL PLAT OF WALNUT CROSSING SUBDIVISION
(PREPARED BY ENGINEERING SERVICES, INC, RECORDED AT PLAT FILE 23, PAGE
235) BUT HAVE BEEN ORIENTED TO THE TONY ANDERSON BOUNDARY SURVEY
REFERENCED IN EACH SECTION ABOVE AS A BASIS OF BEARING.
Eye ve ARKANSAS
PC Meeting of July 28, 2008
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM:. :Jesse Fulcher, Current.Planner
THRU: Jeremy Pate, Director of Current. Planning
DATE: T JuLy-18 2008. Updated July 31, 2008
ANX 08-3036: (RAUSCH COLEMAN LAND EXCHANGE, 555): Submitted by RAUSCH
COLEMAN HOMES for property located W OF THE WALNUT CROSSING SUBDIVISION.
The request is to annex 11.86 acres from Farmington in exchange for 8.035 acres in Fayetteville
to allow further development by the property owner.
Planner: JESSE FULCHER
BACKGROUND:
Property description: The subject property contains 11.86 -acres located west of the Walnut
Crossing and Coves developments, and is currently within the City of Farmington. Access is
provided by way of Alberta Street. Surrounding land uses and zoning is depicted in Table 1.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Undeveloped
R-PZD 07-2766 (The Coves)
South
Undeveloped
City of Farmington
East
Single Family Homes
R-PZD 04-1181 (Walnut Crossing)
West
Single Family Homes
City of Farmington
Proposal: Pursuant to A.C.A § 14-40-2101, two contiguous municipalities may simultaneously
detach and annex territory, subject to approval from the governing body of each municipality.
The applicants have requested that the City of Fayetteville and the City of Farmington approve
the exchange of two substantially equal tracts of property, resulting in new city limit boundaries
for each municipality. Specifically, 11.86 -acres north of Alberta Street would be detached from
Farmington and annexed into Fayetteville, and 8.035 -acres south of Alberta Street would be
detached from Fayetteville and annexed into Farmington. See attached maps for reference.
INFRASTRUCTURE:
Streets: The property has frontage on Alberta Street (a collector street), which is an
improved city street. Street improvements will be evaluated at the time of
development.
K:IRepor:s120081PC ReporlsU4 - July 2814NX 08-3036 (Fayeuevile_Farmngion land swap).doc
Water: Public water is available to the site. There is an 8" water main along Alberta
Street. Water will need to be extended through the property at the time of
development to provide domestic service and fire protection.
Sewer: Sanitary sewer is available to the site. There is an 8" sewer main along Alberta
Street. Sewer service will need to be extended through the property at the time of
development.
Fire: The subject property is located approximately 3 miles from the Fire Station #6
with a projected response time of 8 minutes. The Fire Department does not figure
calls for service on properties that are only being considered for annexation.
There should be no adverse effects on call volume or response time to this
annexation. The property will be reevaluated with any future land use changes.
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: Re urged YES
m.
Forwarded ❑ Denied
Date: July 28, 2008 = --Motion: Graves _.`
E4.Second: Kennedy
,
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date: August 19, 2008 (1st reading if recommended)
LAND USE PLAN: This area is not identified on the Future Land Use Plan, since it is located
within the City of Farmington. Generally, the Land Use Plan indicates future uses in the are to
consist of residential neighborhoods.
FINDINGS:
12.3.4 POTENTIAL ANNEXATION AREAS
The potential annexation areas should be identified by the City using the following criteria:
K:Wepor&20081PC Reports114 - July 28UNX 08-3036 (Faytteville_Farmngton land smgp).doc
1. Areas that are already urban in character.
Finding: The subject property is adjacent to several residential subdivisions, with an
additional subdivision approved for development directly to the north. Immediately
to the south is 61h Street (State HWY 16), which provides commercial services and
access to I-540.
2. Areas that can be developed at urban densities.
Finding: The subject property can support a traditional urban design given the location of
the property along a collector street, proximity to 6th Street and I-540. Additionally,
the area already supports more urban development styles as is evident by Walnut
Crossing Subdivisions and most recently approved, The Coves at Walnut Crossing.
3. Immediate areas are those that are peninsulas or islands, where municipal services have
already been extended.
Finding: There are existing water and sewer lines available to the subject development, which
also has direct access to an improved public street. The City of Fayetteville
currently services all properties to the north and east and is required to serve the
parcel to the southeast, which is part of the land -exchange request. Ultimately, city
services will continue to be provided to the immediately surrounding properties.
4. Vacant lands that are subject to development pressure.
Finding: The subject property is surrounded on three sides by either developed subdivisions,
or by property which has been approved for development. It is unknown whether
this area will continue to experience development pressure.
5. Areas where urban services are already provided.
Finding: Adjacent properties are currently developed or developing and are provided with
city services.
6. Areas where urban services are needed.
Finding: Urban services are currently provided to developments in the surrounding areas.
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 an island or a peninsula. Rather,
annexation of the property will create a more appropriate City boundary than
currently exists.
K: IReports120081RC Reports114 -July 28UNX 08-3036 (Fa}etieville_Farmngton land suwp).doc
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, east and
southeast.
12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: The subject property is not currently a part of a platted subdivision; however, the
applicant has indicated that the property would become an extension of the recently
approved Coves Subdivision. The annexation will allow expansion of this
development, which could not be provided under the regulations of the adjacent
city.
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: Current conditions result in a response time of 8 minutes for fire protection from
Fire Station #6. The land that is currently within the City of Fayetteville, but is
proposed to be moved into the City of Farmington is located across the street
and therefore should have approximately the same response time.
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 areas. -
Finding: There arc no known environmentally sensitive areas that could be impacted by
development.
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 services are available to the site and would be required to be
extended through any future development should the property be annexed into the
City. The police department reports that current levels of service would not be
compromised and that coverage in this area can be provided. Fire service would
also be provided to the site at adequate levels.
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
K. IRepora120081FC Reportsti4 - July 2841NX 08-3036 (Fayetteville_Farmngton land srwp).doc
of Fayetteville. This property is adjacent to areas already being served by the city.
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
12.3.5.j Areas currently served by utilities and other public services should be annexed.
Finding: Water and sewer services and fire and police protection are currently provided to
adjacent properties.
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 development of this property will result in an increased demand on
the existing infrastructure systems. Improvements to utilities and streets may be
made necessary should development occur on the subject property.
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: The applicants have requested the Cities of Fayetteville and Farmington to consider
ordinances that would exchange similar sized properties. The applicants have stated in their
application that the land exchange would allow for the extension of The Coves Subdivision within
the City of Fayetteville, which will provide a more cohesive design. The land exchange will also
allow development of the properties south of Alberta Street to be processed entirely within the
limits of Farmington.
12.3.5.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
12.3.5.o Develop a land use plan for annexation initiated by the city.
Finding: N/A
K. 1Reports120081PC Reportsll4 - July 281ANX 08-3036 (Fayetteville_Farmngton land swap).doc
12.3.5.p Designate zoning districts for the property during the annexation process.
Finding: The applicants have not requested rezoning of the property if the annexation is
approved, and therefore the property will automatically be zoned R -A, Residential
Agricultural.
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. Comments from each department have been
provided herein.
12.3.5.r Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed at this time.
12.3.5.s Residents should be fully informed of annexation activities
Finding: Adjoining neighbors have been notified of the annexation request and a public
notice sign has been placed on the property. 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: Annexation of the property will create a more desirable city boundary, by allowing
development to be processed under Fayetteville's ordinances.
12.3.5.0 Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 11.86 acres.
R:IReporu120081PC ReportsV 4 - July 28UNX 08-3036 (Fayetteville_Farmngton land snap).doc
From Fayetteville General Plan 2020— 2002 Revision
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.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
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.
Emergency and Public Services .
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.1 The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.6.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.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K:IReportr120081PC Reports)4 - July 2814NX 08-3036 (Fa}eneville_Farmnglon land soup).doc
Date 7/9/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
ANX 08-3036: (Rausch Coleman Land Exchange, 555): Submitted by Rausch Coleman
Homes for property located W of Walnut Crossing Subdivision 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 contains
approximately 11.86 acres.
It is the opinion of the Fayetteville Police Department that this ANX will not
substantially alter the population density, and will not create an appreciable or..
undesirable increase in the load on police services. This ANX will not create an
appreciable increase in traffic danger and congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: David Williams, Battalion Chief
Date: July 9, 2008
Re:
ANX 08-3036: (RAUSCH COLEMAN LAND EXCHANGE, 555): Submitted by RAUSCH
COLEMAN HOMES for property located W OF THE WALNUT CROSSING SUBDIVISION. The
request is to annex 11.86 acres from Farmington in exchange for 8.035 acres in Fayetteville to
allow further development by the property owner.
This development will be protected by Engine 6 located at 900 Hollywood.
It is 3 miles from the station with an anticipated response time of 8 minutes to the
beginning of the development.
The Fire Department anticipates G(g EMS — [ Fire/Other) calls for service each year after
the development is completed and maximum build -out has occurred. Typically, this type
of development usually takes 12 — 18 months, after the development is started, before
maximum build -out occurs.
The Fayetteville Fire Department does not feel this development will affect our calls for
service or our response times currently. We will need to re-evaluate if there are any
proposed Land Use changes.
Measured hydrant flow in this area is j gallons per minute.
If you have any questions please me
(David Williams
David Williams
Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
ANX 08-3036: (RAUSCH COLEMAN LAND EXCHANGE, 555): Submitted by RAUSCH
COLEMAN HOMES for property located W OF THE WALNUT CROSSING SUBDIVISION.
The request is to annex 11.86 acres from Farmington in exchange for 8.035 acres in Fayetteville
to allow further development by the property owner. Planner: Jesse Fulcher
Public water is available to the property. There is an 8" main along Alberta. Water will need to
be extended through the property at the time of development to provide domestic service and fire
protection.
Sanitary sewer is available to the site. There is 8" main along Alberta. Sewer will need to be
extended through the property at the time of development.
The site has access to Alberta Street. Alberta
Street is a
fully
improved two lane city street of
sufficient width.
Street improvements will
be
evaluated
with
the proposed development.
Standard improvements and requirements for drainage will be required for the development.
This property is affected by the 100 -year floodplain.
co�ernr�n
June 6, 2008
Fayetteville City Council 1.
City of Fayetteville
113 West Mountain Street,
Fayetteville, AR 72701
Re: Proposed Land Exchange with -Farmington
Dear Council Members,
Rausch Coleman Homes LLC wishes to request that the City of Fayettevill& consider
adjusting their city limits thus allowing an exchange of similar tracts of land wi(h the City
of Farmington. There exists a 10.5 acre tract lying .in the city limits of Farmington
located north of Alberta St: and adjacent to our Coves at Walnut Crossing project. Just
south of Alberta Street is an 8.03- acre tract located within the city limits of Fayetteville.
We are requesting that both cities consider exchanging their jurisdiction over these two
parcels for the following reasons:
Cohesive Residential Design - As. Rausch Coleman continues "to develop the
remaining• land in this location we hope to maintain a consistent design theme
within the various. quadrants of the overall 168 acre. tract. .Our fitst phase of
development, Walnut Crossing, has a unique neo-traditional design theme with
higher density residential areas clustered `around large tracts of open space. Our
second phase of development, The Coves, embraces the environmentally sensitive _
"Coving" concept of "design. The Coves is located north of Alberta. Street
• consisting of 50 acres within Fayetteville and a remaining 10 acres iii Farmington.
Rausch Coleman further owns approximately 34 acres south of Alberta of which 8
acres is within Fayetteville with the remainder inFarmington. We hope to change
'the. design concept as we .move south of Alberta Street to a theme that is
conducive to Farmington zoning and subdivision regulations:. By changing our
remaining "10 acres north of Alberta td. be within Fayetteville we could maintain
The• Coves design and complete that master _ planned development; current
Farmington regulation would not allow such a.design. Alternately, if we can
-change the 8 acres south of Alberta from Fayetteville to Farmington, that future• -
development canMeprocessed exclusively through. Farmington with a consistent
design theme. ,
Emergency. Responders and Service Providers - Another benefit is the reduced
confusion one would expect. from City service providers and first responders
• having to deal with the jog in jurisdictions along Alberta Street and among
.adjacent lots within the development.
..
www.causchcolemanhomes.com
• Additionally, we would ask that the right -of way for,Albeita Street be placed within the
• jurisdiction of Fayetteville to simplify the development process for our. developmentto
• the north. We feel this request, to exchange similar tracts of land is reasonable and
beneficial for the orderly development of land in this adjoining city limit location. Please
feel free to. call with any questions or comments.
Respectfully
•
Kim' J. ss •,. irector of Land Development
• Rausc olemanHomes
479-267-6008
•
I •
- . •-
.1
Rauseh Coleman Land Development •
308 East Main St. — Farmington, AR 72730
479-267-6008 office — 479-267.5241 fax
NOTE:
THIS PLAN IS FOR CONCEPTUAL PLANNING
PURPOSES ONLY AND HAS NOT HAD THE
BENEFIT OF REVIEW BY ANY GOVERNING
AUTHORITY.
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ANX08-3036
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FAYETTEVILL K
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
JUL 152008
CITY r FAYEnEV
CLERKSOFFICEC
TO: Karen Minkle, Director of Long Range Planning
CC: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney Li��
DATE: July 15, 2008
RE: Simultaneous Detachment and Annexation
of land between Farmington and Fayetteville
Attached please find a draft ordinance I prepared as well as
A.C.A. §14-40-2101 which guided my drafting. Ordinances do not need to
repeat all statutory procedure nor should one city council order another
city council to perform any actions (which the supplied proposed
ordinance did).
Please review this draft ordinance. The City Clerk will be required to
publish legal notice of the public hearing and publish any approved
ordinance. I hope we will collect a filing fee (as we do in normal
annexation requests) to cover the City Clerk's expenses.
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From: Clarice Pearman
To: Minkel, Karen
Date: 9.4.08 4:11 PM
Subject: Ord. 5172
Attachments: 5172 Fayetteville -Farmington Annexation.pdf
CC: Audit; GIS; Smith, Sondra
Karen:
Attached is a copy of the ordinance passed by the city Council, September 2, 2008 regarding the Farmington -Fayetteville
annexation. As you can see I have filed with the Washington County Clerk. It has not yet been filed with the Circuit Clerk's
office as of yet. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
Man_Democrat Sazette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville Ordinance 5172
Sept. 6, 2008
Publication Charge : $126.60
Subscribed and sworn to before me
This 9 day of ,St , 2008.
Notary Public _a} Q_�
My Commission Expires: *4te e2o/at..
Do not pay from Affidavit, an invoice will be sent
O
•
PJg
RECEIVED
SEP 1 0 2008
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
ORDINANCE NO. 5172.
AN ORDINANCE SIMULTANEOUSLY DETACHING
( ANDA NE FROM THE CITY OF FTO THE TON 'E�t1evi1e
OF FAVETTEVILLE, PURSUANT TO AC.A. § 1440-
2101
IARKANSAS
WHEREAS, A.C.A. § 14402101 provides a pro- t '
i cedure for the simultaneous detachment of territory
from one municipality and annexation of such territory into an adjoining municipaflty: and
1 WHEREAS, Rausch Coleman Land Development Company Is desirous of moving parcels of sub.
stantially equal size from FayetteMle into Farmington, and from Farmington into Fayetteville to pro -
I vide a more manageable and clear city limits border within its development between the cites.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: PIP
1 Section 1: That the City Council of the City of Fayetteville. Arkansas hereby cells lot the slmultane-
ous detachment from Farmington and annexation Into Fayetteville of property described on Exhibit
A and shown on Exhibit B (attached) upon request of the owners of this property.,
Section 2; That the City Council of the City of Fayetteville, Arkansas hereby requests that the City of
Farmington schedule and hold a public hearing on the detachment and annexation within 60 days
of the effective date of this ordinance and notify the Fayetteville City Clerk of the date for the Public
hearing In sufficient tine for her to publish a legal notice at least 15 days before the hearing.
Section 3:' If the City of Farmington concurs by ordinance in the sinultaneous detachment from
Farmington end annexation into Fayetteville of the land described on Exhibit A and shown on Exhbh
B. the City Council of the City of Fayettevie, Arkansas, hereby annexes said land into Fayetteville,
amends the official map of Fayetteville, and assigns the land to Ward 4.
PASSED aS APPROVED this 2nd day of September, 2008.
APPROVED: ATTEST: 1,
By: By:
DAN GOODY, Mayor SONDRA E. SMITH, City Ciarg4enunr
t Exhibit A Is a map and may be viewed in the office of the City Clerx Treasumr during normal busi-
ness hours.
EXHIBIT'S'
1 ANX OO-3036
DESCRIPTION OF PARCEL TO CONVEY FROM SOUTHWEST QUARTER (SW 1/4) OF THE NORTH-
WEST QUARTER (NW 1/6) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24. T-
16 -N, R -31-W) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/?
REBAR MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 114) OF THE
NORTHWEST QUARTER (NW 114) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE31 WEST (SEC
24, T -16-N, R -31-W), SAID POINT LYING ON THE CURRENT CITY LIMITS LINE OF FARMINGTON
AND FAYETTEILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINES 87°17'55 E853,78 FEET
POINT, TO A POINT, THENCE CONTINUING WITH SAID CITY LIMIT LINES01°53'4TW 785.80 FEET TO A t
POINT; THENCE LEAVING SAID CITY LIMIT LINE N 87°59'22 W 558.53 FEET TO A POINT; THENCE
IN A WESTERLY DIRECTION WITH A TANGENT CURVE TURNING TO THE LEFT WITH A RADIUS
OF 455.00 FEET, HAVING A CHORD BEARING OF N 89°1004' W AND A CHORD DISTANCE OF
18.71, HAVING AN INTERIOR ANGLE OF 02°21'24' AND AN ARC LENGTH OF 18.71 TO A POINT;
3'14' W 76.80 FEET TO A POINT ON THE EAST LINE OF MEADOWLARK SUBDIVI-
WITH SAID EAST LINE N 01 °54'5T E 797.23 FEET TO THE POINT OF BEGINNING
JG 1186 ACRES MORE OR LESS. BASIS OF BEARINGS IS A SURVEY BY TONY
S 1272). JOB NUMBER 06-12-02, DATED 9112107.
ILLOW THE CURRENT AND FUTURE RIGHTS -OF -WAY OF ALBERTA STREET ARE
FINAL PLAT OF WALNUT CROSSING SUBDIVISION (PREPARED BY ENGINEER-
INC, RECORDED AT PLAT FILE 23, PAGE 235) BUT HAVE BEEN ORIENTED TO THE
)N BOUNDARY SURVEY REFERENCED IN EACH SECTION ABOVE AS A BASIS OF
RECEIVED
SEP 102008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
RECEIVED
Arkansas
.a.�y }},� OCT 022008
A*ansas Delmocirat (Saz'E� CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
(Lowell) and Pulaski County, Arkansas and that from my own personal
knowledge and reference to the files of said publication, the
advertisement of:
City of Fayetteville- Public Hearing Ord. 5172
Was inserted in the Statewide Editions on
September 26, 2008
Publication Charge: $121.25
Subscribed and sworn to before me
ThisJz day of „�.v�, , 2008.
Notary Public �a
My Commission Expires: u�y atO/,. /,a-
RECEIVED
OCT 02 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE