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Home My WebLink AboutORDINANCE 5817File Number: 2015-0444 ANX 15-5181: (1620 S. ED EDWARDS RD./SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15- 5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One PASSED and APPROVED on 10/20/2015 Mayor Pngc f ``t�IrrrlWglr ``RK ( T Rt, G SY OF S� Attest: FAYrTTCVIL- kA 1,111116 40 Sondra E. Smith, City Clerk Treasurer Prfnlydoo 70!11/!5 a . - :� IIIIIII�I�111I�1611�11111I111111IIIIll1111l1IIll1IIl1III11IIINll4llill4ll 016561740003 Type, REL p % Doc ID: Klnd: ORDINANCE 11/13/2015 at 02:44:50 PM Recorded: ee Amt: $25.00 Pape 3 of 3 FAR Olret Clerk LU — Kyle Sylvester F11e2015-00032429 CJ C_1 113 West Mountain Street x lz9 =:: fit`-;_ Fayetteville, AR 72701 {_y,_ O _ L7 (479)575-8323 Ordinance: 5817 N CS File Number: 2015-0444 ANX 15-5181: (1620 S. ED EDWARDS RD./SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15- 5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One PASSED and APPROVED on 10/20/2015 Mayor Pngc f ``t�IrrrlWglr ``RK ( T Rt, G SY OF S� Attest: FAYrTTCVIL- kA 1,111116 40 Sondra E. Smith, City Clerk Treasurer Prfnlydoo 70!11/!5 15-5181 EXHIBIT 'A' 15-5181 EXHIBIT BY That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a corner post of a fence, which is 240 feet East and 447 feet South of the Northwest comer of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city limit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. Washington County, AR I certify this instrument was filed on 11/13/2015 02:44:50 PM and recorded in Real ate File Number 2015-06032429 Kyle Sylvester- Circuit Cl by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 m (478)575-8323 Text File File Number: 2015-0444 Agenda Date: 10/20/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 9 ANX 15-5181: (1620 S. ED EDWARDS RD./SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15-5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. City of Fayetteville, Arkansas Page 1 Printed on 1012312015 City of Fayetteville Staff Review Form 2015-0444 Legistar File ID 10/20/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/2/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville and it is recommended that the property be zoned RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # NEW Original Contract Number: Comments: CITY OF a e evi le ARKANSAS MEETING OF OCTOBER 20, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: October 2, 2015 SUBJECT: ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville and it is recommended that the property be zoned RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to annex the property and assign a zoning of RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. Staff did not support the annexation request, finding the expansion of the City limits extends the public services offered by the City (Fire, Police, trash and recycling, sanitary sewer) without significant benefit to the City. BACKGROUND: The subject property is located at 1620 S. Ed Edwards Road and contains approximately 0.83 acres (36,155 Square Feet) within unincorporated Washington County and immediately adjacent to the City of Fayetteville limits. The property is developed with a single-family home built in 1977 which is served by City of Fayetteville water. The reason stated for the annexation at this time is so that the property can be connected to public sewer. The applicant's original request was for the property to be zoned R -A, Residential Agricultural, but the applicant has indicated that the Planning Commission recommended RSF-2 zone is acceptable. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. DISCUSSION: On September 28, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 6-1-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF PLANNING COMMISSION MEMO Sy ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew, Garner, City Planning Director FROM: Quin Thompson, Current Planner Corey Granderson, Staff Engineer MEETING: September 28, 2015 SUBJECT: ANX 16-5181: ANNEXATION (1620 S. ED EDWARDS RD.ISALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville with a zoning of R -A, RESIDENTIAL AGRICULTURE. RECOMMENDATION: Staff recommends the requested annexation be denied based on the findings included within this report. BACKGROUND: The subject property is located at 1620 S. Ed Edwards Road and contains approximately 0.83 acres (36,155 Square Feet) within unincorporated Washington County and immediately adjacent to the City of Fayetteville limits. The property is developed with a single-family home built in 1977 which is served by City of Fayetteville water. The home uses a septic system for waste water. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoninq Direction from Land Use Zoning Site North Single -Family Residential RSF-4, single-family residential South Single -Family Residential Unincorporated Washington County Unincorporated Washington East Undeveloped/agricultural Count _ West Single -Family Residential Unincorporated Washington Count Request: The request is to annex the property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be connected to City sewer. The order of annexation was signed by the county judge on July 6, 2015. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 2015 15-5181 Salsbury Page 1 of 22 Streets: The subject parcel has access to Ed Edwards Road. Ed Edwards is an unimproved 2 lane road with existing drainage ditches along each side, and culverts at driveways. The approximate width of the road along the property frontage is 20 feet. Water: A 4" diameter public water main is available along the frontage of the subject parcel on the east side of Ed Edwards Road. Sewer: An 8" diameter public sewer main is available to the subject parcel. The sewer main is currently located on the west side of Ed Edwards Road, opposite the northwest corner of the property. Based on the size of existing mains, there should be adequate capacity for the current use of the property. If additional capacity is necessary for water or sewer to serve the property, it shall be the responsibility of the property owner, at the time of development. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This parcel does not lie within the 100 -yr floodplain, nor would it be located within streamside protection areas, or the Hillside/Hilltop Overlay District if it were to be annexed. Fire: This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 3.3 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fayetteville Fire Department response time goal for all development is 6 minutes or less. The Fire Department does not feel this development will affect our calls for service or our response times. Police: The Fayetteville Police Department does not anticipate the proposed annexation at 1620 Ed Edwards Road will -substantially - affect traffic congestion and/or call load. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends denial of ANX 15-5181, finding that the proposed annexation is not justified, being a small parcel creating a peninsula that extends City service obligations for several divisions, including Fire, Police, Water, Sewer, and Trash and Recycling without benefit to the City. G:\ETC\Development Services Review\2015\Development Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission\09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 2 of 22 Should the City Council choose to annex the property, staff would recommend that the property be rezoned from R -A, Residential -Agricultural to RSF-2, Residential Single-Family/2 units per Date: September 28, 2015 O Tabled O Forwarded O Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES Date: October „2. 2015 O Approved O Denied acre, a zone compatible with the single-family land use pattern in the area. The RSF-2 zoning is the lowest density zoning that would bring the existing property into zoning conformance. CITY PLAN 2030 (Res. 116-11) 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: The requested annexation will create a small peninsula (surrounded on three sides by properties within Washington County). 12.3.5.b Proposed annexation area must be adjacent, or contiguous, to city limits, Finding: The proposed annexation area is adjacent and contiguous to the southern City Limits in east Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing one single-family residence on 0.83 acres and is not within a subdivision or established neighborhood. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the subject lot. 12.3.5.e The provision of services should be concurrent with development. GAETC\Development Services Review\2015\Development Review115-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission109-28-20151Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 3 of 22 Finding: The property is adjacent to City services and is one parcel developed with a residence. Connection to sewer service would be the responsibility of the property owner. 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: The property is already developed with a residence and is not an environmentally sensitive area that needs protection. EMERGENCYAND PUBLIC SERVICES 12.3.5.8 Public services must be able to be provided efficiently in newly annexed areas. Finding: Fayetteville Fire Department response time to this location is six minutes from the current closest station (1050 S. Happy Hollow Road). The Fire Department response time goal is six minutes or less. Police: The Police Department does not anticipate significant impact on police services if this single-family lot is annexed. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: At an estimated response time of six minutes, Fire Department service is at the upper limit of acceptable response time. There are nearby areas in the City that have similar response times. The subject property would receive the same level of services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick up, and zoning protection as nearby property within 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: Fire and police protection are currently provided in this area, but not to this address. Sewer lines are available nearby. The residence is served by City of Fayetteville water. G:\ETC\Development Services Review\2015\Development Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission\09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 4 of 22 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: Utilities are adequate and do not need to be upgraded as a result of this annexation. Public Works: The proposed annexation and any future development will increase the loading on the existing infrastructure systems slightly, however the land area is small and the requested zoning would not allow future development without being rezoned. Planning: The proposed annexation will not lead to increased density on the subject property or increased traffic congestion in the area. '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 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. This annexation has not been initiated by the City, however this property is included within the City's Future Land Use Plan. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. If the property is annexed, staff recommends rezoning it to RSF-2, compatible with the low density residential development pattern in the area, and making the existing parcel and home compliant with zoning code. 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 request. Responses are included. GAETCOevelopment Services Review120150evelopment Review%15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)103 Planning Commission109-28-20151Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 5 of 22 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. 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. 12.3.5.1 Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a small size, being just one single family lot of less than one acre. The request would create an uneven boundary and a small peninsula. 12.3.5.0 Conduct a fiscal impact assessments on large annexations. Finding: N! A BUDGET/STAFF IMPACT: None Attachments: • City Plan 2030, section 12.3: Annexation • Request Letter • Order of Annexation • Aerial Image • City Services Exhibit • Fire Comments • Police Comments • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map WETC\Development Services Review\20150evelopment Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbur#03 Planning Commission\09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 6 of 22 12.3 ANNEXATION 12.3.1 Purpose Annexation is the inclusion of previously unincorporated lands within the City limits. Annexation has benefits to the residents of the annexed area as well as to the City. The residents gain access to urban services, such as enhanced police and fire pro- tection, and have a voice in city government. The City gains the ability to control development and extend boundaries in a logical manner. The purpose of this planning element is to take a more active approach toward annexations by identifying potential annexa- tion areas and establishing annexation policies. The annexation policies will guide evaluation of future annexation proposals. The policies are designed to ensure that public services, infrastructure, and utility extension is properly addressed in order to manage growth. The potential annexation areas can become part of the City when annexation policies are met. 12.3.2 History and Trends The original town was incorporated in 1870 with approximately 1200 acres. Since incorporation, the City has made 189 annexations, totaling 34,654.67 acres. Annexation activity was relatively slow until the 1940s, when over 2,500 acres were annexed with 10 annexations. Dur- ing the 1950s, almost the same number of annexations took place, however, the total land area annexed was significantly smaller than in the 1940s. By the 1960s, annexa- tion activity increased dramatically, with 42 annexations bringing over 18,000 acres into the City limits. Annexation numbers dropped in 1970 and stayed steady until the 1990s, when the number of annexations tripled from the 1980s. In 2000, the City contained 45 square miles, and in 2005, the City contained 50 square miles. TABLE 12.3.1 TABLE 12.3.2 ANNEXATION HISTORY SEVEN LARGEST ANNEXATIONS Time Period _ Number of Annexations Total Acres Ordinance Number Acres Year 1870 Original Town 1,202.48 889 1,765 1946 1910 1 160.57 1258 1,489.24 1961 1932 1 83.60 1274 2,138.61 1961 1940-1949 10 2,572.05 1479 1,267.69 1966 1952-1958 9 1,194.66 1556 11,376.66 1967 1960-1969 42 18,250.55 2857 1,286.45 1982 1970-1978 12 1,347.14 4888 2,017 2006 1980-1988 9 1,591.87 Source: City of Fayetteville, GIS, Dec. 2010 1990-1999 27 2,106.70 2000-2005 61 3,559 2006-2010 18 3,719.09 Total 182 35,857.15 Source: City of Fayetteville, GIS, Dec. 2010 Approximately 60 percent of the total annexations can be attributed to seven single annexations. Each of these annexations included more than 1,000 acres. Four of those six annexation occurred during the 1960s. The most significant annexation was in 1967 that added over 11,000 acres to the City limits. Until 1960, the number of persons per acre remained relatively high, but decreased between 1940 and 1960. The significant drop in persons per acre from 3.9 in 1960 to 1.3 in 1970 is reflective of the significant land area annexed during this time. The trend of decreas- ing persons per acre reversed in 1980 and increased over the next two and half decades. By 2000, the persons per acre was 2.2, however, this trend has again reversed, due to several large annexations, resulting in approximately 33% increase in land area since 2000. 12.3.3 State Statutes on Annexation Arkansas Statutes Title 14, Chapter 40 of the state statute discusses annexation. Annexations can be initiated by a municipality or by property owners. A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities if the municipality has the greater distance of city limits adjoining the area, and land contiguous and in adjacent counties. To annex any contiguous lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the following criteria: • Platted and held for sale or use as municipal tots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: . Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or 95, TABLE 12.3.3 POPULATION VS. LAND AREA Fayetteville (1940.2000) Year Population Land Area Persons Per Acre Persons Percent Change Acres Percent Change 5,6 1940 8,212 - 1,446.65 - 1950 17,017 107.2% 4,018.70 177.79% 4.2 1960 20,274 19.1% 5,213.36 29.73% 3.9 1970 30,729 61.7% 23,463.91 350.1% 1.3 1980 36,608 1 19.1% 24,811.05 5.74% 1.5 1990 42,247 15.0% 26,402.92 6.42% 1.6 2000 58,047 37.9% 26,756.46 7.98% 2.2 2006 67,020 15.5°/a 32,103.47 20.0% 21 2010 73,580 10.0% 35,454.00 10.0°h 2.1 Source: City of Fayeffeville, GIS, June 2006 A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities if the municipality has the greater distance of city limits adjoining the area, and land contiguous and in adjacent counties. To annex any contiguous lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the following criteria: • Platted and held for sale or use as municipal tots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: . Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or 95, horticultural purposes and the highest and best use of the land is for agricultural or horticultural purposes; or • Are lands upon which a new community is to be constructed with funds guaranteed in whole or in part by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970. To annex land surrounded by a municipality, the governing body can propose an ordinance to annex the property. Again, the lands must meet the criteria listed above. A public hearing must be held within 60 days of the proposed ordinance. A majority of the governing body must approve the annexation for it to become effective. Property owners in areas contiguous and adjacent to a municipality may request annexation. They can apply with a petition of the majority of land owners in the area, if the majority of the total number of owners own more than one-half of the acre. age affected. 12.3.4 Potential Annexation Areas The potential annexation areas should be identified by the City using the following criteria. • Areas that are already urban in character. • Areas than can be developed at urban densities. • Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. • Vacant lands that are subject to development pressure. • Areas where urban services are already provided. • Areas where urban services are needed. 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. 12.3.5.b Proposed annexation area must be adjacent, or contiguous, to city limits. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 12.3.5.d Boundaries for annexed areas should follow natural corridors. 12.3.5.e The provision of services should be concurrent with development.% i �N>�� o _ N N N _ 1 ,2 O N N N O 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. Emergency and Public Services 12.3.5.8 Public services must be able to be provided efficiently in newly annexed areas. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. 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. Infrastructure and Utilities 12.3.5.j Areas currently served by utilities and other public services should be annexed. 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. 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. Intergovernmental Relations 12.3.5.m Promote long-range planning with adjacent jurisdictions. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 12.3.5.o 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. 12.3.5.q An annexation study should be completed on all annexation proposals.. 12.3.5.r Development proposals require a separate review from the annexation proposals. 12.3.5.s Residents should be fully informed of annexation activities. 12.3.5.t Encourage larger annexations to create acceptable boundaries. 12.3.5.0 Conduct a fiscal impact assessments on large annexations. d��Ad ,tea - o,N N N nNic 3 „ � oN N (T O CITY OF a � a KANSAS MEMORANDUM TO: Quin Thompson FROM: Captain Jamie Fiell� DATE: September 8, 2015 SUBJECT: ANX 15-5181 Annexation at 1620 Ed Edwards Road The Fayetteville Police Department does not anticipate the proposed annexation at 1620 Ed Edwards Road will substantially affect traffic congestion and/or call load. FAYETTEVILLE POLICE DEPARTMENT t00 W. Rock Street www.fa P nnni Commission Fayetteville, AR 72701-6057 y� lff��g15 Agenda Item 8 15-5181 Salsbury Page 11 of 22 Annexation Review Ta Quin Thompson From: Captain Jeremy Ashley Date: September 1, 2015 Re: ANX 15.5181 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT f1l"A 303 West Center Street This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 3.3 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Fayetteville Fire Department Telecommunications Device for the Deaf TDO (479) 521-1316 113 West Mountain - Fayett Ofl ,09 frWission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 12 of 22 ZZ }o £ t abed uaBy Cvtoz +§ fi -� pp DI 77 Page 14 of 22 APPLICANT'S REQUEST LETTER ANX 15-5181 CONSIS'T'ENCY OF PROPOSED ANNEXATION WITH CITY OF FAYETTEVILLE'S ANNEXATION GUIDING POLICIES Cdna Salsbury's .reel property is contiguous with the Fayetteville city l"units, Bocause Of the location of the reap property, an annexation of the real property would not divide the neighborhood as now situated. 11 is believed that once the annexation takes place, all public services would be efficiently provided. to the annexed area. Because of the location of the Salsbury property and its proximity to existing City of Fayetteville utilities, it is believed that there would be no requirement 11or upgrading the existing utilities on account of the annexation. yl Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 15 of 22 IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN REAL PROPERTY FOR ANNEXATION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS ORDER OF ANNEXATION CASE NO. CC -24}1-5-3 "' Now on this day of July, 2015, the Petition for Annexation of Property contiguous to the City of Fayetteville, filed by Edna J. Salsbury, Bryce Salsbury and Gerald Salsbury (collectively "Petitioners"), comes on for hearing and the same is submitted to the Court upon said Petition, proof of publication of notice, testimony before the Court, and other evidence presented, from all of which the Court finds: 1. That the Petition for Annexation of Property Contiguous to the City of Fayetteville was duly filed in the office of the County Clerk of Washington County, Arkansas, and that an Order was made fixing the time and place for a hearing on said Petition at this date and time in the County Court of Washington County, Arkansas. 2. That legal notice of the hearing was given as required by law and such notice of the hearing was published once a week for three consecutive weeks in the Northwest Arkansas Democrat Gazette, a newspaper published in Washington County, Arkansas. Proof of publication has been made and filed with the Clerk of this Court. 3. That the Petitioners are the owners of the property to be annexed. 4. That the owners of the proposed annexed area shall derive substantial benefit from the annexation. 2350924.1;73019 1:00331) Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 16 of 22 5. That the area to be annexed is part of the growth area of Fayetteville, Arkansas and the extension of the corporate boundaries is a realization of the natural growth of the City of Fayetteville. 5. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville. That the City Council of the City of Fayetteville, Arkansas, shall, according to Arkansas Code Annotated § 14-40-605, accept the annexation by ordinance. 8. That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a comer post of a fence, which is 240 feet East and 447 feet South of the Northwest corner of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city limit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. 9. That the lands to be annexed have been accurately described and an accurate map thereof made and filed with this Court and the prayer of the Petitioners is right and proper. IT IS TEE REFORE ORDERED, ADJUDGED AND DECREED by the Court that the above-described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. $ Alt ll `N l"D AI4),'. COUNTY JUDGE 2380924.1:73019L00330 2 Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 17 of 22 Prepared By: Curtis E. Hogue, ABA #80061 Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 75 N. East Avenue, Suite 402 Fayetteville, AR 72701-5388 Telephone (479) 973-5200 Facsimile (479) 973-0520 2350924.1:730:91:00330 Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 18 of 22 ANX15-5181 SALSBURY Close Up View .. � o RSFt w a f2 ° s ow ¢a ANTLERS CT w O RU RSF-0 f SUBJECT PROPERTY ---------------------------- i ------------------------------ I� i� I� Legend i Shared-Use Paved Trail I !i -••-•••• Neighborhood/Park Trail i Natural Surface Trail NX15-5181 Fayetteville City Li Tilts - -; Footprints 2010 Hillside-Hilltop Ovi May District Design Overlay Di trict ------ Planning Area 0 75 150 300 450 600 Feet Planning Commis ion September 28,20 5 Agenda fto." 15-5181 Salsbury Page 19 of 22 Page 20 of 22 ANX15-51811 SALSBURY FutureLand Use SUBJECT PROPERTY Non -Municipal Government 0 75 150 $00 450 600 ROW Feet 3 s w ANTLERS CT w 0 Planning Com, September 28, 15-5181 Salsbury Page 21 of 22 r o -- - -_ rc - -_ � yx Legend a � ..... Neighborhood/Park Trail •••••• Natural Surface Trail O Shared -Use Paved Trail `. •-----Neighborhood/Park Trail " t -=---- Natural Surface Trail a �ANX15-5181? Fayetteville City limits , 3 SUBJECT PROPERTY Non -Municipal Government 0 75 150 $00 450 600 ROW Feet 3 s w ANTLERS CT w 0 Planning Com, September 28, 15-5181 Salsbury Page 21 of 22 r 0 c -- - -_ - -_ s t Legend Shared -Use Paved Trail � ..... Neighborhood/Park Trail •••••• Natural Surface Trail Shared -Use Paved Trail `. •-----Neighborhood/Park Trail " t -=---- Natural Surface Trail �ANX15-5181? Fayetteville City limits , 3 ----• Planning Area i! s FUTURE LAND USE 2030 CLASS - Natural Area Rural Area C=afty Neighborhood Area - Urban Center Area Industrial Complete Neighborhood PI n Civic and Private Open Spa a/Paries Civic Institutional SUBJECT PROPERTY Non -Municipal Government 0 75 150 $00 450 600 ROW Feet 3 s w ANTLERS CT w 0 Planning Com, September 28, 15-5181 Salsbury Page 21 of 22 ission 2015 15-5181 Salsbury Page 22 of 22 „ 3. +R y �� y��Ak y.' „ +R y �� y��Ak P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 WWW.NWADG.COM AFFIDAVIT OF PUBLICATION RECEIVED NO\V 03 2015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY 01.FAYET V 111 M Northwest Arkansas Democrat Gazette, printed and published in CITY�CGERKS(IXIT Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5817 Was inserted in the Northwest Arkansas Democrat Gazette on: October 29, 2015 Publication Charges: $ 77.82 &L� I A J” Cathy Wiles Subscribed and sworn to before me This q day of f fps. , 2015. No�ublic My Commission Ex�i�r:,JoQ�2ck AWE **NOTE** _; �Q NOYARY", PUELIC Please do not pay from; Affidewt. Invoiceivill be sent. � :• 112401379, 9 •'f4 . iLf __ 14, °°°hlllltlr\\e I Nyevd�'Gr) K�44 Cc, Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0087 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2017 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: Arkansas code sections adopted in 2013 require the mayor to issue a notice regarding annexations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk. Please review and sign this notice and forward it to the City Clerk to be filed of record at the Washington County Clerk. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: -Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: _a , a, , i V20140710 CITY OF s l a Pi T1 ARKANSAS TO: Lioneld Jordan, Mayor THRU: Jeremy Pate, Development Services Director Kit Williams, City Attorney FROM: Andrew Garner, City Planning Director DATE: ' February 13, 2017 STAFF MEMO SUBJECT: Notice and Report Pursuant to A.C.A. 14-40-2201 and 14-40-2202 ATTACHMENT: Draft Notice/Report; A.C.A. 14-40-2201 and 14-40-2202; Annexation Ordinance 5817 The subject code sections adopted in 2013 require the mayor to issue a notice regarding annexations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of -record at the Washington County Clerk's office. Please review and sign this notice and forward it to the City Clerk to be filed of record at the Washington County Clerk's office. PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THE FOLLOWING NOTICE AND REPORT DESCRIBING ANY ANNEXATION ELECTIONS AND ANY OTHER ELECTIONS FINALIZED IN THE PREVIOUS EIGHT YEARS: Annexation Elections and Annexation Ordinances Within the Past Eight Years: There have been no annexations by election within the past eight years. An ordinance calling an annexation in the City of Fayetteville was filed of record on October 20, 2015 with Ordinance No. 5817 as shown on Exhibit "A". This annexation encompassed approximately 0.83 acres at South Ed Edwards Road and was approved by ordinance at a City Council meeting on Tuesday, October 20, 2015. Schedule of Services to be Provided: The following scheduled services were to be provided to the inhabitants of the annexed portions of the City: ■ Trash service • Police protection ■ Fire protection (fire department, fire flows where available) ■ Fire Department as first responders ■ Sewer service if available — any extensions of public or private lines to serve these areas will be the responsibility of the property owner/developer Curbside recycling and yard waste pick up ■ Zoning and development regulation protections The scheduled services as described above have been provided to the inhabitants of the ark iTedlplwjjons of the city, APPROVED: ATTEST: rte`; FAYETTEV{LLC61.; G T By: y: 4ru" oil LIO JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5817 File Number: 2015-0444 ANX 15-5181: (1620 S. ED EDWARDS RD./SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15- 5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. �t��ttt41 trrr►�,�� PASSED and APPROVED on 10/20/2015 4rd,".ayo, Attest: FAYE�iTEVILI_£.` 14 Appro3Lioneld Sondra E. Smith, City Clerk Treasurer Page I Printed on 10/22115 15-5181 EXHIBIT `A` ANX15-5181 SALSBURY Close Up View RSF-1 0 0 V -1 W QOLL ANTLERS CT W LU R-0 M`F RSF-4 SUBJECT PROPERTY C-1 R -A 7-------..------------- - -- ------------------------ - - -_ -_ rr� A Is {r 1. i f J r Legend Shared -Use Paved Trail ......•• Neighborhood/Park Trail - - Natural Surface Trail NX 15-5181 L - - - Fayetteville City Li nits Footprints 2010 Hillside -Hilltop Ov :flay District Design Overlay Di,,trict 0 75 150 300 450 600 ------ Planning Area Feet 15-5181 EXHIBIT 'B' That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a corner post of a fence, which is 240 feet East and 447 feet South of the Northwest corner of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city limit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. City of Fayetteville, Arkansas 'A �" • , Text File File Number: 2015-0444 Agenda Date: 10/20/2015 Version: 1 In Control: City Council Meeting Agenda Number: C. 9 ANX 15-5181: (1620 S. ED EDWARDS RD./SALSBURY): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15-5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and Exhibit B attached hereto and made a part hereof. Seciiort 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the -subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. City of Fayetteville, Arkansas Page 1 Printed on 10/23/2015 City of Fayetteville Staff Review Form 2015-0444 Legistar File ID 10/20/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/2/2015 City Planning/ Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville and it is recommended that the property be zoned RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Approval Date: Original Contract Number: Comments: CITY OF I 7ay V�v AS MEETING OF OCTOBER 20, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: October 2, 2015 SUBJECT: ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville and it is recommended that the property be zoned RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to -annex the property and assign a zoning of RSF-2, SINGLE-FAMILY RESIDENTIAL/2 UNITS PER ACRE. Staff did not support the annexation request, finding the expansion of the City limits extends the public services offered by the City (Fire, Police, trash and recycling, sanitary sewer) without significant benefit to the City. BACKGROUND: The subject property is located at 1620 S. Ed Edwards Road and contains approximately 0.83 acres (36,155 Square Feet) within unincorporated Washington County and immediately adjacent to the City of Fayetteville limits. The property is developed with a single-family home built in 1977 which is served by City of Fayetteville water. The reason stated for the annexation at this time is so that the property can be connected to public sewer. The applicant's original request was for the property to be zoned R -A, Residential Agricultural, but the applicant has indicated that the Planning Commission recommended RSF-2 zone is acceptable. Land Use Plan Analysis: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. This designation supports a wide spectrum of residential uses and encourages density in all housing types. DISCUSSION: On September 28, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 6-1-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF PIT PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew, Garner, City Planning Director FROM: Quin Thompson, Current Planner Corey Granderson, Staff Engineer MEETING: September 28, 2015 SUBJECT: ANX 15-5189: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville with a zoning of R -A, RESIDENTIAL AGRICULTURE - RECOMMENDATION: Staff recommends the requested annexation be denied based on the findings included within this report. BACKGROUND: - The subject property is located at 1620 S. Ed Edwards Road and contains approximately 0.83 acres (36,155 Square Feet) within unincorporated Washington County and immediately adjacent to the City of Fayetteville limits. The property is developed with a single-family home built in 1977 which is served by City of Fayetteville water. The home uses a septic system for waste water. Surrounding land use and zoning is depicted on Table 1. Direction from S ite I North South East 1 West Table 1 Surrounding Land Use and Zoriin Land Use Sinale-Family Residential Single -Family Residential Undeveloped/agricultural Single -Family Residential Zoning RSF-4, single-family residential Unincorporated Washington Unincorporated Washington Count Unincorporated Washington County Request: The request is to annex the property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be connected to City sewer. The order of annexation was signed by the county judge on July 6, 2015. Public Comment.- Staff has received no public comment. INFRASTRUCTURE: Mailing Address: Panning Commission Setemper 28, 2015 w 113 W. Mountain Street ww.fayettep�%A9Rv8 Fayetteville, AR 72701 15-5181 Salsbury Pagel of 22 Streets: The subject parcel has access to Ed Edwards Road. Ed Edwards is an unimproved 2 lane road with existing drainage ditches along each side, and culverts at driveways. The approximate width of the road along the property frontage is 20 feet. Water: A 4" diameter public water main is available along the frontage of the subject parcel on the east side of Ed Edwards Road. Sewer: An 8" diameter public sewer main is available to the subject parcel- The sewer main is currently located on the west side of Ed Edwards Road, opposite the northwest corner of the property. Based on the size of existing mains, there should be adequate capacity for the current use of the property. If additional capacity is necessary for water or sewer to serve the property, it shall be the responsibility of the property owner, at the time of development. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This parcel does not lie within the 100 -yr floodplain, nor would it be located within streamside protection areas, or the Hillside/Hilltop Overlay District" if it were to be annexed. Fire: This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 3.3 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fayetteville Fire Department response time goal for all development is 6 minutes or less. The Fire Department does not feel this development will affect our calls for service or our response times. Police: The Fayetteville Police Department does not anticipate the proposed annexation at 1620 Ed Edwards Road will -substantially - affect traffic congestion and/or call load. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends denial of ANX 15-5181, finding that the proposed annexation is not justified, being a small parcel creating a peninsula that extends City service obligations for several divisions, including Fire, Police, Water, Sewer, and Trash and Recycling without benefit to the City. G:\ETC\Developrnent Services Review\2015\Development Review\15-5181 ANX 1620 S, Ed Planning Commission Edwards Rd. (S21sbury)\03 Planning Commission\09-28-20MComments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 2 of 22 Should the City Council choose to annex the property, staff would recommend that the property be rezoned from R -A, Residential -Agricultural to RSF-2, Residential Single-Family/2 units per PLANNING COMMISSION ACTION: Required YES Date: September 28, 2015 O Tabled d Forwarded 11 Denied I Motion: Second: Mote: CITY COUNCIL ACTION: Required YES Date: October 2, 2015 D Approved 0 Denied acre, a zone compatible with the single-family land use pattern in the area. The RSF-2 zoning is the lowest density zoning that would bring the existing property into zoning conformance. CITY PLAN 2030 (Res. 116-11) 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: The requested annexation will create a small peninsula (surrounded on three sides by properties within Washington County). 12.3.5.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to the southern City Limits in east Fayetteville. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing one single-family residence on 0.83 acres and is not within a subdivision or established neighborhood. 12 3.5.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the subject lot. 12.3.5.e The provision of services should be concurrent with development. G:\ETC\Development Services Review\2015\Development Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission\09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 3 of 22 Finding: The property is adjacent to City services and is one parcel developed with a residence. Connection to sewer service would be the responsibility of the property owner. 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: The property is already developed with a residence and is not an environmentally sensitive area that needs protection. EMERGENCYAND PUBLIC SERVICES 12.3.5.8 Public services must be able to be provided efficiently in newly annexed areas. Finding: Fayetteville Fire Department response time to this location is six minutes from the current closest station (1050 S. Happy Hallow Road). The Fire Department response time goal is six minutes or less. Police: The Police Department does not anticipate significant impact on police services if this single-family lot is annexed. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits Finding: At -an estimated response time of six minutes, Fire Department service is at the upper limit of acceptable response time. There are nearby areas in the City that have similar response times. The subject property would receive the same level of services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick up, and zoning protection as nearby property within 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.] Areas currently served by utilities and other public services should be annexed. Finding: Fire and police protection are currently provided in this area, but not to this address. Sewer lines are available nearby. The residence is served by City of Fayetteville water. G:\ETC\Development Services Review\2015\Development Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Comm issivnt09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 6 15-5181 Salsbury Page 4 of 22 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: Utilities are adequate and do not need to be upgraded as a result of this annexation. Public Works: The proposed annexation and any future development will increase the loading on the existing infrastructure systems slightly, however the land area is small and the requested zoning would not allow future development without being rezoned. Planning: The proposed annexation will not lead to increased density on the subject property or increased traffic congestion in the area. 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. JNTERGOVERNMENTAL 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 and sewer. Finding: N/A ADMINISTRATION OFANNE.XATIONS 12.3.5,o Develop a land use plan for annexation initiated by the City. Finding: NIA. This annexation has not been initiated by the City, however this property is included within the City's Future Land Use Plan. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. If the property is annexed, staff recommends rezoning it to RSF-2, compatible with the low density residential development pattern in the area, and making the existing parcel and home compliant with zoning code. 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 request. Responses are included. GAEMDevelopment Services Review\2015\Development Review\15-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission\09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 5 of 22 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. 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: Staff finds that this request is of a small size, being just one single family lot of less than one acre. The request would create an uneven boundary and a small peninsula. 12.3.5.0 Conduct a fiscal impact assessments on large annexations. Finding: N/ A BUDGETISTAFF IMPACT: None - Attachments: • City Plan 2030, section 12.3: Annexation • Request Letter • Order of Annexation Aerial Image • City Services Exhibit • Fire Comments • Police Comments • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map WETC\Development Services Review\4015\Development RevtewM-5181 ANX 1620 S. Ed Planning Commission Edwards Rd. (Salsbury)\03 Planning Commission%09-28-2015\Comments and Redlines September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 6 of 22 12.3 ANNEXATION 12.3.1 Purpose Annexation is the inclusion of previously unincorporated lands within the City limits. Annexation has benefits to the residents of the annexed area as well as to the City. The residents gain access to urban services, such as enhanced police and fire pro- tection, and have a voice in city government. The City gains the ability to control development and extend boundaries in a logical manner. The purpose of this planning element is to take a more active approach toward annexations by identifying potential annexa- tion areas and establishing annexation policies. The annexation policies will guide evaluation of future annexation proposals. The policies are designed to ensure that public services, infrastructure; and utility extension is properly addressed in order to manage growth. The potential annexation areas can become part of the City when annexation policies are met. 12.3.2 History and Trends The original town was incorporated in 1870 with approximately 1200 acres. Since incorporation, the City has made 189 annexations, totaling 34,654.67 acres. Annexation activity was relatively slow until the 1940s, when over 2,500 acres were annexed with 10 annexations. Dur- ing the 1950s, almost the same number of annexations took place, however, the total Land area annexed was significantly smaller than in the 1940s. By the 1960s, annexa- tion activity increased dramatically, with 42 annexations bringing over 18,000 acres into the City limits. Annexation numbers dropped in 1970 and stayed steady until the 1990s, when the number of annexations tripled from the 1980s. In 2000, the City contained 45 square miles, and in 2005, the City contained 50 square miles. K TABLE 12.3.1 ANNEXATION HISTORY Fayetteville (1870 - 2006) TABLE 12.3.2 SEVEN LARGEST ANNEXATIONS Fayetteville (1870.2006) Time Period Number of Annexations Total Acres Ordinance Acres Year Number 1870 Original Town 1,202.48 889 1,765 1946 1910 1 160.57 1258 1,489.24 1961 1932 1 83.60 1274 2,188.61 1961 1940-1949 10 2,572,05 1479 1,267.69 1966 1952-1958 9 11,194.66 1556 11,376.66 1967 1960-1969 42 18,250,55 2857 1 1,286.45 1982 1970-1978 12 1,347.14 4888 12.017 2006 1980-1988 9 1,591.87 Source: Crit' of FayeHavllle, GIS, Dec. 2010 1990-1999 27 2,106.70 ,2000-2005 61 3,559 2006-2010 18 3,719.09 Total 182 35,857.15 Source; City of Faye7evrlle. GIS, Dec. 2010 Approximately 60 percent of the total annexations can be attributed to seven single annexations. Each of these annexations included more than 1,000 acres. Four of those six annexation occurred during the 1960s. The most significant annexation was in 1967 that added over 11,000 acres to the City limits. Until 1960, the number of persons per acre remained relatively high, but decreased between 1940 and 1960. The significant drop in persons per acre from 3.9 in 1960 to 1.3 in 1970 is reflective of the significant land area annexed during this time. The trend of decreas- ing persons per acre reversed in 1980 and increased over the next two and half decades. 6y 2000, the persons per acre was 2.2, however, this trend has again reversed, due to several large annexations, resulting in approximately 33% increase in land area since 2000. 12.3.3 State Statutes on Annexation Arkansas Statutes Title 14, Chapter 40 of the state statute discusses annexation. Annexations can be initiated by a municipality or by property owners. A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities if the municipality has the greater distance of city timits adjoining the area, and land contiguous and in adjacent counties. To annex any contiguous Lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the foltowing criteria: • Platted and held for sale or use as municipal lots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: • Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or J,f TABLE 12.3.3 POPULATION VS. LAND AREA Fayetteville (1940.2000) Year Population Land Area Persons Per Acre a'r W RtY.p Persons Percent Acres Percent Change Change 1940 8,212 — 1,446.65 -- 5.6 1950 17,017 107.2% 14,018.70 177.79% 4.2 1960 20,274 19.1% 5,213.36 29.73% 3.9 1970 30,729 61.7% 23,463.91 350.1% 1.3 1980 36,608 19.1% 24,811.05 5.74% 1.5 1990 42,247 15.0% 26,402.92 6.42% 1.6 2000 58,047 37.9% 26,756.46 7.98% 2.2 2006 67,020 15.5% 32,103.47 20.0% 2.1 2010 173,580 10.0% 135,454.00 10.0% 2.1 Source: City of Fayettev+Ue, TS, June 2006 A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities if the municipality has the greater distance of city timits adjoining the area, and land contiguous and in adjacent counties. To annex any contiguous Lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the foltowing criteria: • Platted and held for sale or use as municipal lots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: • Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or J,f horticultural purposes and the highest and best use of the land is for agricultural or horticultural purposes; or • Are lands upon which a new community is to be constructed with funds guaranteed in whole or in part by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970. To annex land surrounded by a municipality, the governing body can propose an ordinance to annex the property. Again, the lands must meet the criteria listed above. A public hearing must be held within 60 days of the proposed ordinance. A majority of the governing body must approve the annexation for it to become effective. Property owners in areas contiguous and adjacent to a municipality may request annexation. They can apply with a petition of the majority of land owners in the area, if the majority of the total number of owners own more than one-half of the acre- age affected. 12.3.4 Potential Annexation Areas The potential annexation areas should be identified by the City using the following criteria. • Areas that are already urban in character. • Areas than can be developed at urban densities. • Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. • Vacant lands that are subject to development pressure. • Areas where urban services are already provided. • Areas where urban services are needed. 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. 12.3.5.b Proposed annexation area must be adjacent, or contiguous, to city limits. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 12.3.5.d Boundaries for annexed areas should follow natural corridors.` 12.3.5.e The provision of services should be concurrent with development. f (ao co j m .-, o — N y N N y CJ' C: c � o Ln 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. Emergency and Public Services 12.3.5.8 Public services must be able to be provided efficiently in newly annexed areas. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. 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, infrastructure and Utilities 12.3.5.} Areas currently served by utilities and other public services should be annexed. 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. 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. Intergovernmental Relations 12.3.5.m Promote long-range planning with adjacent jurisdictions. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 12.3.5.o 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. 12.3.5.q An annexation study should be completed on all annexation proposals.. 12.3.5.r Development proposals require a separate review from the annexation proposals. 12.3.5.s Residents should be fully informed of annexation activities. 12.3.5.t Encourage larger annexations to create acceptable boundaries. 12.3.5.0 Conduct a fiscal impact assessments,on large annexations. O � O M ,p t2.44 ... C U1 C CITY OF "OrayAR--K-ANsAS MEMORANDUM TO: Quin Thompson FROM: Captain Jamie Flel�ig -i DATE: September 8, 2015 SUBJECT: ANX 15-5181 Annexation at 1620 Ed Edwards Road The Fayetteville Police Department does not anticipate the proposed annexation at 1620 Ed Edwards Road will substantially affect traffic congestion and/or call load. FAYETTEVILLE POLICE DEPARTMENT 100 W. Rock Street www.fa P nni Commission Fayetteville, AR 72701-6057 yAg�� tem 8 Agenda Item 8 15-5181 Salsbury Page 11 of 22 7' 'Cie Quin Thompson THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT 303 West Center Street Captain Jeremy Ashley Date: � fayettevllle, AR 72701 (}`yJ+'{FJf P(479) 575�836i F (47511575.0471 ■IIt�A A K 0, N 5 A', - - - — -- — Annexation Review To: Quin Thompson From: Captain Jeremy Ashley Date: September 1, 2015 Re: ANX 15-5181 This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 3.3 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fayetteville Fire Department does notfeel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Fayetteville Fire Department 1'elecommunications Device for the Deaf TDD(479)521-1316 1 13 west Mountain - Fayett WTII AO) cqo nission September 26. 2015 Agenda Item 8 15-5181 Salsbury Page 12 of 22 ZZ 10 C 6 06ed fu Apsps mo -C I 9 L 0 z I i ri HIaNEWSHAVE h SPLAStj DR V., ''A L)R 4 L CD DEERFIELDWAY CD 4 IL C) C:) 41 Q.t hl t d , Panning comfnissio �September 2812016 "` Agenda hent 13-0701 adlst7Ufy Page 14 of 22 y '- - o hl t d , Panning comfnissio �September 2812016 "` Agenda hent 13-0701 adlst7Ufy Page 14 of 22 APPLICANT'S REQUEST LETTER ANx 15-5181 CONSISTENCY OF PROPOSED ANNEXATION WITH CITY OF FAYETTEVILLE'S ANNEXATION GUIDI'NG. POLICIES Cclna Stilsbury's real property.is corni,gumis with the Fayetteville city limits. Because of the Io4Zttion Of f.he real property, :aa annexAtion of the: teal prolaerty worth! no! divide the neighbothnod -,a.,; �w situated. It is oelioved (him twice the _ nttexation takes place, all public services woulti:be efficiently provided. to the nonexed nraa. Because of the location of rile 8aisbwy property itiid its proxiittity to existing. City of I"ayetteville utilities; it is believed that there for upgroding lac t hist°ii�g util t7t;s an acct. 1t3 of the annexation. Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 16 of 22 IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN RE, AL PROPERTY FOR ANNEXATION TO THE CITY OF l= FAYETTEVILLE, WASHINGTON COUNTY, ZA ARKANSAS r f.� CASE NO. CC-26iS-3 ORDER OF ANNEXATION CD Now on this day of July, 2015, the Petition for Annexation of Property contiguous to the City of Fayetteville, filed by Edna J. Salsbury, Bryce Salsbury and Gerald Salsbury (collectively "Petitioners"), comes on for hearing and the same is submitted to the Court upon said Petition, proof of publication of notice, testimony before the Court, and other evidence presented, from all of which the Court finds: 1. - That the Petition for Annexation of Property Contiguous to- the City of Fayetteville was duly filed in the office of the County Clerk of Washington County, Arkansas, and -that an Order was made fixing the time and place for a hearing on said Petition at this date and time in the County Court of Washington County, Arkansas. 2. That legal notice of the hearing was given as required by law and such notice of the hearing was published once a week for three consecutive weeks in the Northwest Arkansas Democrat Gazette, a newspaper published in Washington County, Arkansas. Proof of publication has been made and filed with the Clerk of this Court. 3. That the Petitioners are -the owners of the property to be annexed. 4. That the owners of the proposed annexed area shall derive substantial benefit from the annexation. 2380'124 I :Z10191:WUO Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 16 of 22 That the area to be annexed is part of the growth area of Fayetteville, Arkansas and the extension of the corporate boundaries is a realization of the natural growth of the City of Fayetteville. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville. 7. That the City Council of the City of Fayetteville, Arkansas, shall, according to Arkansas Code Annotated § 14-40-605, accept the annexation by ordinance. That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a corner post of a fence, .which is 240 feet East and 447 feet South of the Northwest corner of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city Iimit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. 9. That the lands to be annexed have been accurately described and an accurate map thereof made and filed with this Court and the prayer of the Petitioners is right and proper. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above-described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. � AM);". A •�. Fai�I R11 'N I'D 1 I,I):'. C011N'I`Y JUDGE 2380924.1:730191:00330 2 Planning Commission September 28, 2015 Agenda Item 8 15-5181 Salsbury Page 17 of 22 Prepared By: Curtis E. Hogue, ABA #80061 Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C, 75 N. East Avenue, Suite 402 Fayetteville, AR 72701-5388 Telephone (479) 973-5200 Facsimile (479) 973-0520 2190924 1:7101')1:00330 Planning Commission September 28, 2015 Agenda Item 8 15.5181 Salsbury Pape 18 of 22 15-5181 Salsbury Page 19 of 22 ANX 15-5181 Current Land Use SINGLE FAMILY I SALSBURY ;�� i{' CJI •_ t1 ': ^� SUBJECT PROPERTY SINGLE FAMILY :• x y'� 1S d• f r c_ ��7 i e. r 'ji 21,E �t '•� ��- ��Y •� -z } � V *�{ �; L j.` 1 q . � Y i �. } •ice. .Ji * y r 4 1 r� .A' -•r t .�$ �x }��y1.�+. 'r ! I i fY. k��'' - � . 1 - r e}� '" �' . i rrr, d: •� rs�y Ir , i I . r r FK qy�(';r t -I 5lrared t, SINGLE FAMILY `� �jfrin:l I. r� P s1..1� .��•� La_ - r r•„• ,,,ANX15-5181 -' Fayetteville City Li nits Footprints 2010 Hillside -Hilltop ClArlay District �_ _! Design Overlay District 0 75 150 300 450 600 Planning Commis io -- Planning Area Feel September 28, 2C. 15 15-5181 Salsbury Page 20 of 22 15-5181 Salsbury Page 21 of 22 ANXII 5-5181 SALSBURY One Mile View it X, Fts Z SUBJECT PROPERTY RSI: -4 ;j —J Overview 141 RSF-1 Legend Hillle-Hilltop Overlay District Subject Property Desi )n Overlay District Boundary Plan i ing Area Fay E tteville 0 0.25 0.5 1 Planning "' �isrio Cc pt C1 t, Miles P'a Sep br 2 , 2015 a em 15-5181 Salsbury Page 22 of 22 qr Page 1 LexisNexis 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. *** Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** * * * October 9, 2013. * * * *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2201 (2013) 14-40-2201. Annexation and provision of scheduled services. (a) (1) Beginning March 1, 2014, and each successive year thereafter, the mayor or city manager of a city or incor- porated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice de- scribing any annexation elections that have become final in the previous eight (8) years. (2) The written notice shall include: (A) The schedule of services to be provided to the inhabitants of the annexed portion of the city; and (B) A statement as to whether the scheduled services have been provided to the inhabitants of the annexed portions of the city. (b) If the scheduled services have not been provided to the new inhabitants within three (3) years after the date the annexation becomes final, the written notice reporting the status of the extension of scheduled services shall include a. statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with annexation elections if there are pending scheduled services that have not been provided in three (3) years as prescribed by law. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note LexisNexis 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. *** Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** *** October 9, 2013. *** *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2202 (2013) 14-40-2202.. Inhabitants of annexed area. Page 1 (a) In all annexations under x'.14-40-303 and in accordance with § 14-40-606, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not beer extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter. HISTORY: Acts 2013, No. 1502, § 1.. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THE FOLLOWING NOTICE AND REPORT DESCRIBING ANY ANNEXATION ELECTIONS AND ANY OTHER ELECTIONS FINALIZED IN THE -PREVIOUS EIGHT YEARS: Annexation Elections and Annexation Ordinances Within the Past Eieht Years: There have been no annexations by election within the past eight years. An ordinance calling an annexation in the City of Fayetteville was filed of record on October 20, 2015 with Ordinance No. 5817 as shown on Exhibit "A". This annexation encompassed approximately 0.83 acres at South Ed Edwards Road and was approved by ordinance at a City Council meeting on Tuesday, October 20, 2015. Schedule of Services to be Provided: The following scheduled services were to be provided to the inhabitants of the annexed portions of the City: ■ Trash service - • Police protection • Fire protection (fire department, fire flows where available) ■ Fire Department as first responders ■ Sewer service if available — any extensions of public or private lines to serve these areas will be the responsibility of the property owner/developer • Curbside recycling and yard waste pick up • Zoning and development regulation protections The scheduled services as described above have been provided to the inhabitants of the �3�� ►+'tions of the city. ,,��.�•"f F2 4St�'�e op APPROVED: ATTEST:=01 t-;�-� LI D JOR N—, Mayor SONDRA E. SMITH, City Clerk/Treasurer (,- Andrew Garner Submitted By City ufFayetteville Staff Review Form 2019-0103 Legistar File ID N/A for Non -Agenda Item . 2/7/2019 DEVELOPMENT SERVICES (6ZO) Submitted Date Division / Department Action Recommendation: Arkansas code sections adopted in 2013 require the mayor to issue a notice regarding ann6xations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk. Please review and sign this notice and forward ittothe City Clerk to be filed of record at the Washington County Clerk. � � Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title + - � - Purchase Order Number: Previous Ordinance o,Resolution #5gi V20180321 Change Order Number: ApprovalDate: Original Contract Number: Comments: m - �|�� OF 1V' ��NN N �� - - - - __ - - __ - - �___~ ARKANSAS TO: Lione|dJo/dmn Mayor THRU: Don Marr, Chief ofStaff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: February 7,2O1Q SUBJECT: Notice and Report Pursuant huA`C,4.14-4O-22O1and 14'4O'22O2 ATTACHMENTS: Draft Nctioe/Repo¢A.C}\. 14-40-2201 and 14'40-2202 Annexation C)ndinonoeo5817and 011O The subject code sections adopted in 2013 require the mayor to issue a notice regarding annexations that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted tobe filed ofrecord atthe Washington County Clerk's office. Please review and Doc ID: 018481370008 Type: REL Kind: ORDINANCE Recorded: 03/13/2018 at 10:05:44 AM Fee Amt: $50.00 Page 1 of 8 Washington County, AR Kyle Svlvester Circuit Clerk File2019-00006641 PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THE FOLLOWING NOTICE AND REPORT DESCRIBING ANY ANNEXATION ELECTIONS AND ANY OTHER ELECTIONS FINALIZED IN THE PREVIOUS EIGHT YEARS: Annexation Elections and Annexation Ordinances Within the Past Eight Years: There have been no annexations by election within the past eight years. Two ordinances calling annexations in the City of Fayetteville were filed of record in the past eight years as follows: Ordinance No. 5817. This annexation encompassed approximately 0.83 acres at South Ed Edwards Road and was approved by ordinance at a City Council meeting on Tuesday, October 20, 2015. Ordinance No. 6110. This annexation encompassed approximately 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road and was approved at a City Council meeting on Thursday, November 8, 2018. Schedule of Services to be Provided: The following scheduled services were to be provided to the inhabitants of the annexed portions of the City: ■ Trash service ■ Police protection ■ Fire protection (fire department, fire flows where available) • Fire Department as first responders ■ Sewer service if available — any extensions of public or private lines to serve these areas will be the responsibility of the property owner/developer • Curbside recycling and yard waste pick up ■ Zoning and development regulation protections The scheduled services as described above have been provided to the inhabitants of the annexed portions of the city. APP" ^% " '- ' ATTEST: By: �w�1 i�"f I LA SONDRA E. SMITH, Ci Cle Tr `` OA111 TRii�� Cy. ,PIS : FAYETTEVrLLE •:�O— Ordinance 5817 Page 1 of 3 OF 4AYETTf y L tai=�w� 4RkAN4.P`' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5817 File Number: 2015-0444 ANX 15-5181: (1620 S. ED EDWARDS RD.1SALSBURY): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 15- 5181 SUBMITTED BY CURTIS HOGUE FOR PROPERTY LOCATED AT 1620 S. ED EDWARDS ROAD CONTAINING APPROXIMATELY 0.83 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 Exhibits A and 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 RSF-2, Single -Family Residential/2 Unit Per Acre to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. Page I Printed on IW2115 PASSED and APPROVED on 10/20/2015 `*bl Y 'J6— FAYETTEVILLE:4Lioneldrd Attest: wr N{CtSl'tP�; �ik�� • iheaC/z.21'-- yor Sondra E. Smith, City Clerk Treasurer Page I Printed on IW2115 Ordinance 5817 15-5181 Page 2 of 3 EXHIBIT W ANX15-5181 SALSB U RY Close Up View O ? O RSF-1 i o `? s O a „y O J w q �_ .,:.- •, ANTLERS: C7� ..: . LU W R-0 SUBJECT PROPERTY C-1 -'---------max ---- ------------__-___ -r----------- \l 1 tS�J �gend= Shared -Use Paved Trail; bbl ........ Neighborhood/Park Trail r Y ON��yy, Natural Surface Trail: • ,,,f1NX15-5181 Fayetteville City Limits Footprints 2010 ® Hillside -Hilltop Overlay District Design Overlay Di Wict ----- Planning Area 0 75 150 300 450 600 Feet Ordinance 5817 Page 3 of 3 15-5181 EXHIBIT 'Be That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: Part of the Northeast Quarter .of the Southwest Quarter of Section 20, Township 16 North, Range 29 West, described as beginning at a corner post of a fence, which is 240 feet East and 447 feet South of the Northwest corner of said 40 acre tract, and running thence West 240 feet, thence North 147 feet, more or less, to the present city limit line of the City of Fayetteville, Arkansas, thence East with the present city limit line of said city 240 feet to a fence; thence South 147 feet, more or less, along a fence line to the point of beginning. Ordinance 6110 Page 1 of 4 S f•rertf. 4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6110 File Number: 2018-0608 ANX 17-5990 (NORTH OF RUPPLE RD.IMCFARLANID FAMILY TRUST) APPEAL: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE MCFARLAND FAMILY TRUST AND ANNEX 68.65 ACRES ADJOINING AND WEST OF THE PROPOSED NORTHERN EXPANSION OF RUPPLE ROAD WHEREAS, the McFarland Family Trust has properly secured the Washington County Judge's authorization to annex their 68.65 acres west of and along the planned Rupple Road expansion north toward Howard Nickell Road; and WHEREAS, the McFarland Family Trust through Swope Engineering has offered to donate and dedicate sufficient right of way along their frontage with the Rupple Road expansion to enable its construction; and WHEREAS, the McFarland Family Trust has farther offered to designate a conservation area preservation of natural habitat along the creek and the construction or extension of city trails within its property; 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 accepts the offer of the McFarland Family Trust for its donation and dedication of Rupple Road right of way, conservation easements and trail right of way and construction and confirms the annexation to the City of Fayetteville, Arkansas of about 68.65 acres as described in Exhibit B and the map shown on Exhibit A both attached to the Planning Department's agenda memo. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed Page 1 Printed on 11/9118 Ordinance: 6110 File Number. 2018-0608 property R -A, Residential Agricultural. Ordinance 6110 Page 2 of 4 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation and zoning. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby assigns this 68.65 acres to Ward Four of the City of Fayetteville. PASSED and APPROVED on 11/8/2018 Attest: ,,A14101 ttr, fit Sondra E. Smith, City Clerk Treasul%;I', �K�l T rr -,'e FAYE7'�EVILUE. – s ,.:� lot�10 1 i1tiz� Page 2 Printed on 1119118 Ordinance 6110 Page 3 of 4, ANX17-5990 MCFARLAND FAMILY TRUST 17-5990 Close Up view I EXHIBIT W a U) f� rrrw.rr.e sr�s I Legend 1 ' Planning Area -,- -' Fayetteville City Limits - - - Trail (Proposed) Building Footprint Subject Property i„,0” Feet 0 145 290 580 870 1 inch = 400 feet .o X" RSF-8 i 1 I a t e i 1 - c P-1 RSF-4 } i c , i, } NORTH Q Residential -Agricultural RSF-4 RSF-8 -60 !4=5 P-1 Ordinance 6110 Pane 4 of 4 17-5990 EXHIBIT 'Be SURVEY DESCRIPTION FOR ANNEXATION•A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION a1, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASF#NGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT. COMMENCING ATA FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND THENCE N67°08'20"W 880.17 FEET TO A SET PIK NAIL, SAID POINT BEING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02°43'44"W 702.02 FEET TO A SET IRON PIN, THENCE SerW20"E 301.90 FEET TO A SET IRON PIN, THENCE SOrW4YW 25.00 FEET TO A SET IRON PIN, THENCE SW08'20"E 359.09 FEET TO A SET IRON PIN, THENCE S0293W43pW 1804.10 FEET TO A SET IRON PIN, THENCE N87"2&WW 1326.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE NO2"4W50"E 2428.86 FEET TO A FOUND IRON PIN, THENCE S87.0615"E 104.59 FEET TO A FOUND IRON PIN, THENCE NO204754"E 208.99 FEET TO A FOUND COTTON SPINDLE, THENCE 687'08`20"E 554.78 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 68.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 03/13/2019 10:05:44 AM and recorded in Real Estate File Number 2019-00006641 Kyle Sylvester -Circuit Clerk by Page 1 0 J'OAP""� LexisNexK 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. *** Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** * * * October 9, 2013. * * * *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2201 (2013) 14-40-2201. Annexation and provision of scheduled services. (a) (1) Beginning March 1, 2014, and each successive year thereafter, the mayor or city manager of a city or incor- porated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice de- scribing any annexation elections that have become final in the previous eight (8) years. (2) The written notice shall include: (A) The schedule of services to be provided to the inhabitants of the annexed portion of the city; and (B) A statement as to whether the scheduled services have been provided to the inhabitants of the annexed portions of the city. (b) If the scheduled services have not been provided to the new inhabitants within three (3) years after the date the annexation becomes final, the written notice reporting the status of the extension of scheduled services shall include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with annexation elections if there are pending scheduled services that have not been provided in three (3) years as prescribed by law. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit, 14, Subtit. 3, Ch. 40 Note Lex-IsNexW 1 of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition © 1987-2013 by the State of Arkansas All rights reserved. *** Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** *** October 9, 2013. *** *** Annotations are current through October 2, 2013. *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2202 (2013) 14-40-2202. Inhabitants of annexed area. Page I (a) In all annexations under § 14-40-303 and in accordance with § 14-40-606, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note