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HomeMy WebLinkAboutOrdinance 6284 • F-� ARCHIVED • m .. �. IIIIIIIIIIIIII IIIIIIII IIIIIIIII III IIIII liii IIIII IIIII IIIII 202� JUL 21 P�� 2: � ��'�'�A��a liii!liii!1111 iii gRKANSPS Doc ID: 019079800005 Type: REL s•p Kind: ORDINANCE �� ': ttLLEjf Recorded: 02/28/2020 at 01:56:37 PM CO. &. V Ot3trl E CLEW- 113 West Mountain Street Fee Amt: $35.00 Pape 1 of 5 I�.7�1 Ct, r 1' Nashinilton County, AR IC7TQ[1CO. Fayetteville,AR 72701 Kyle Sylvester Circuit Clerk (479) 575-8323 File2020-00006443 Ordinance: 6284 File Number: 2020-0130 ANX 20-6981 1210 N 54TH STREET FAYETTEVILLE HOUSING PARTNERS: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 34.85 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET WHEREAS, Fayetteville Housing Partners has properly secured the Washington County Judge's authorization to annex their 34.85 acres on the north side of Wedington Drive located at 1210 North 54th Street. 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 approves the annexation petition of Fayetteville Housing Partners and confirms the annexation to the City of Fayetteville, Arkansas of about 34.85 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 property R-A, Residential Agricultural. Section 3: That the CityCouncil of the Cityof Fayetteville, Arkansas herebyamends the official map Y and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 34.85 acres to Ward Four of the City of Fayetteville. Page 1 Printed on 2/19/20 File Number. 2020-0130 Ordinance 6284 PASSED and APPROVED on 2/18/2020 Attest: ��te�u►rrr�� cue• CITY''pF�''� Kara Paxton, City Clerk Tre46 re*p o � e . o 's �O I l l 1 O P\ %' Page 2 Printed on 2119120 ANX20-6981 FAYETTEVILLE (HOUSING 20-6981 dose up View EXHIBIT 'A' t ' i t M ONLI HT i no i F • V' � Subject Property • r - RI-12 • + •f ALLE f 1449 Y ' i HATT L 1■ i i i ■, ■. i i i i■ is i • ST � �. ■sr ii ALLE Y jj► I% 1381 FOU _ 'GAIN : S ALL ! ` i 1315 ffi; c , �INQP ,l WA 'i !! (NORTH Legend Hillside -Hilltop Overlay District ` Planning Area L _ Fayetteville City Limits • Shared Use Paved Trail - - - Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1,160 1 inch = 400 feet Residential -Agricultural RSF-4 P-1 20-6981 EXHIBIT'B' Parcel No. 001-11742-000 Part of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11, and part of the E 112 of the NE 1/4 of Section 11, all in Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point 5 00°11'18" E 662.62 feet from the NW corner of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11, thence N 00011'18" W 274.79 feet; thence East 882.72 feet; thence S 49000' E 397.80 feet; thence S 89°20'22" W 1181.86 feet to the point of beginning, containing 6.37 acres, more or less. LESS AND EXCEPT a part of the NE 1/4 of the NE 1/4 of Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the NW corner of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 11; thence 5 00°11'18" E 387.80 feet; thence S 89058'10" E 836.48 feet; thence S 48057'36" E 90.00 feet to the true point of beginning, said point being the West right of way of North Sunshine Road and running thence along said right of way S 48057'36" E 308.08 feet to a set iron pin; thence leaving said right of way, S 89020'45" W 446.72 feet; thence N 00011'18" W 207.50 feet to a set iron pin; thence S 89058'10" E 215.00 feet to the point of beginning, containing 1.56 acres, more or less. AND Parcel Nos. 001-11744-001 and 765-16164-001 The E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and a part of the E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4, all in Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at the NW corner of the E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4, said point being a set 1/2 inch iron rebar; thence S 87036'11" E 330.60 feet to the NE corner of said E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02°18'45" W 1318.98 feet to a set 1/2 inch iron rebar at the SE corner of said E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02018'45" W 1269.64 feet along the East line of said E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4 to a set 1/2 inch iron rebar on the North right of way line of Arkansas State Highway #16 (Wedington Drive); thence N 87035'04" W 330.43 feet along said right of way line to a set 1/2 inch iron rebar; thence leaving said right of way line, N 02018'31" E 1269.11 feet to a set 1/2 inch iron rebar at the NW corner of said E 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02'18'31" E 1319.40 feet to the point of beginning. Subject to any easements and/or rights of way whether or not of record. LESS AND EXCEPT that part already within the City of Fayetteville. AND Parcel Nos. 001-11744-000 and 765-16164-000 The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and a part of the W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4, all in Section 11, Township 16 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at the NW corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4, said point being an existing iron rebar; thence S 87036'11" E 330.60 feet to the NE corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02°18'31" W 1319.40 feet to a set 1/2 inch rebar at the SE corner of said W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4; thence S 02018'3111 W 1269.11 feet along the East line of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4 to a set 1/2 inch iron rebar on the North right of way line of Arkansas Highway #16 (Wedington Drive); thence N 87°35'04" W 297.42 feet along said right of way line to a set 1/2 inch iron rebar; thence N 56037'14" W 29.15 feet along said right of way line to a set 1/2 inch iron rebar; thence N 87018'07" W 8.05 feet along said right of way to a set 1/2 inch iron rebar on the West line of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02'18'18" E 1253.55 feet to a set aluminum capped 1/2 inch iron rebar at the NW corner of said W 1/2 of the W 1/2 of the SW 1/4 of the NE 1/4; thence N 02018'18" E 1319.82 feet to the point of beginning. Subject to the right of way 64th Street and any other easements and/or rights of way whether or not of record. LESS AND EXCEPT that part already within the City of Fayetteville. Wasntngton County, AR 1 certify this instrumer+t Was fled on 02/28/2020 01:56:37 PM and recorded in Real Estate File Number 2020-000064 Kyle Sylvester - Circuit Ci r by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0130 Agenda Date: 2/18/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 ANX 20-6981 1210 N 54TH STREET FAYETTEVILLE HOUSING PARTNERS: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 34.85 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET WHEREAS, Fayetteville Housing Partners has properly secured the Washington County Judge's authorization to annex their 34.85 acres on the north side of Wedington Drive located at 1210 North 54th Street. 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 approves the annexation petition of Fayetteville Housing Partners and confirms the annexation to the City of Fayetteville, Arkansas of about 34.85 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 property R-A, Residential Agricultural. 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. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 34.85 acres to Ward Four of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 211912020 Legistar ID No.: 2020- AGENDA REQUEST FORM FOR: Council Meeting of February 18, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF FAYETTEVILLE HOUSING PARTNERS AND ANNEX 30.04 ACRES LOCATED AT 1210 NORTH 54TH STREET APPROVED FOR -AGENDA: Asst. dity Attorney Blake Pennington Date (as to form) CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2020- TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: February 10, 2020 CITY COUNCIL MEMO SUBJECT: ANX 20-6981: Annexation (1210 N. 54T" ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54T" ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 30.04 acres. The request is to annex the property into the City of Fayetteville. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to annex the subject property, as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 51st and 54th Avenues. Although an approximately 9-acre portion of the overall property currently lays within incorporated Fayetteville, a larger 30-acre portion is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed so that a portion of the property can be developed and the remainder left in agricultural or open space use. An order of annexation was signed by the Washington County Judge on January 2, 2020. Land Use Plan Analysis: Please see the attached Planning Commission staff report DISCUSSION: On February 10, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. Public comment was made from a nearby resident with concerns about drainage. Additionally, representation from the Fayetteville Housing Authority spoke in support of the proposal. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report ANX20-6981 FAYETTEVILLE HOUSING 20-6981 Close up view EXHIBIT 'A' 1 vj tt� RSF-4 Upol �P=t1 Lr� _!_!_-- i i I HT M E-D 1 1 1 ■ � Subject Property • 11-12 a . • 'ALLE. e 1 . 1 — 14d9 . ALIE TAIN;� r ALLEY C NO DALE DR 1 Legend ® Hillside -Hilltop Overlay District - Planning Area Fayetteville City Limits • Shared Use Paved Trail - — — Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet NORTH IORTH] Residential -Agricultural RSF-4 - RI-12 P-1 1,160 20-6981 EXHIBIT'Bo THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 AND PART OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE NORTH LINE THEREOF S87°36'11"E 661.20 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02°18'45"W 1318.98 FEET TO THE NORTHEAST CORNER OF THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE EAST LINE THEREOF S02°18'18"W 659.91 FEET; THENCE LEAVING SAID EAST LINE N87040'33"W 661.03 FEET TO THE WEST LINE OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG SAID WEST LINE NO2`18'18"E 659.91 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11; THENCE ALONG THE WEST LINE THEREOF N02018'18"E 1319.82 FEET TO THE POINT OF BEGINNING, CONTAINING 30.04 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. �1 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: February 10, 2020 (Updated with Planning Commission Results) SUBJECT: ANX 20-6981: Annexation (1210 N. 54T" ST./FAYETTEVILLE HOUSING PARTNERS, 398): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located at 1210 N. 54T" ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 30.04 acres. The request is to annex the property into the City of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX 20-6981 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 20-6981 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville, on the north side of Wedington Drive, and between 51 st and 54th Avenues. Although an approximately 9-acre portion of the overall property currently lays within incorporated Fayetteville, a larger 30-acre portion is in unincorporated Washington County. The property remains largely undeveloped, with several agricultural buildings and row crops representing the current land use through the non-profit, Cobblestone Farms. Although largely level, the northern extents of the property include areas of increasing slope as it nears the Hamestring Creek riparian corridor. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential AG/SF Res 1 (Unincorporated Washington Count South Single-family Residential R-A, Residential Agricultural East Undeveloped AG/SF Res 1 (Unincorporated Washington County) West Single-family Residential; Outdoor Materials Storage AG/SF Res 1 (Unincorporated Washington County) Request: The request is to annex the subject property in to the City of Fayetteville. The applicant has stated that the annexation is needed so that a portion of the property can be developed and the remainder left in agricultural or open space use. An order of annexation was signed by the Washington County Judge on January 2, 2020. Public Comment: Staff has received public inquiries regarding this request and its associated rezoning (RZN 20-6982). Although initially concerned, nearby property owners have expressed support or ambivalence once understanding the scope of the proposal. INFRASTRUCTURE: Streets: The subject parcel has direct access to West Wedington Drive, North Sunshine Road, North 54th Avenue, and West Yellow Brick Road. Per the 2040 Master Street Plan, Wedington Drive is a fully -improved Regional Link, High Activity, Sunshine is a Neighborhood Link, and 54th Street was downgraded from a Collector Street (Neighborhood Link) to a Residential Link. Additionally, a street stub -out from West Yellow Brick Road abuts the property's northern boundary. A planned residential link is proposed in the 2040 Master Plan to bisect this property east -west and connect with Ponca Street to the east. Any drainage or street improvements required would be determined at the time of development proposal. Water: While public water is available to the overall site through an existing 8-inch water main on Sunshine and Yellow Brick, and one 18-inch main on Wedington, parcels 001-11744-000 and 001-11744-001, do not have direct access. These are the parcels on which Cobblestone Farms currently lay. Sewer: Similarly, while public sanitary sewer is available to the overall site through 8-inch mains on 54th and Sunshine, and a 6-inch main on Wedington, parcels 001- 11744-000 and 001-11744-001, do not have direct access. Drainage: No portion of the site lies within the Hilltop -Hillside Overlay District. Although no FEMA-designated floodplain nor City -designated protected stream are found on the property, there are hydric soils along the southern extents of the site. Fire: The property will be protected by Station 7, located at 835 North Rupple Road, which is approximately 1.4 miles from the subject property. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N. 54th St. (Fay. Housing Partners) 398\03 PC\02-10-2020 Finding: Following nearby annexations in 1994 and 2001 that subsequently developed as the Sage Meadows and Heritage Village subdivisions, the subject property and other unincorporated areas near it became a peninsula of Washington County land bordered by Fayetteville's corporate limits on three sides. While incorporation of the subject property will annex a portion of this peninsula, the situation may also be aggravated as many of the remaining, adjacent unincorporated properties will be bordered on three sides by the City of Fayetteville where they were previously bordered on one or two sides. The proposed new city limit boundaries could cause confusion for service providers and residents because of the atypical configuration. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville's City Limits in west 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 no subdivisions. Development is limited to buildings and activity associated with agricultural land use. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of the subject property. To the south, the annexation boundary aligns with existing, incorporated land along Wedington Drive. To the west and east it abuts unincorporated land, and to the northeast, Sunshine Road right-of-way. The northern extents of the property adjoin the established Amber Jane Estates subdivision in unincorporated Washington County. 12.3.5.e The provision of services should be concurrent with development. Finding: The property is adjacent to City water and sewer, and the site is within acceptable response times of the Fayetteville Fire Department. Connection to water and 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 largely undeveloped except for a farm and its accessory structures. While portions of the property have significant mature tree growth, the majority is clear. Furthermore, no portion of the property is designated as floodplain, Hillside -Hilltop Overlay District, or Streamside Protection Zone. A portion of the northwestern corner of the property, totaling approximately 1.25 acres, is within the Enduring Green Network. Although not currently determined, hydric soils on the property may indicate GAETC\Development Services RevieW20200evelopment Services\20-6981 ANX 1210 N. 54th St. (Fay. Housing Partners) 398\03 PC\02-10-2020 wetlands. A wetlands determination may be required at the time of development. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Firer The Fayetteville Fire Department response time to this location is approximately five minutes from the current closest station (835 N. Rupple Road). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck. Police: To date, the Fayetteville Police Department has not expressed any concerns with this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: The subject property would receive the same 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 to the portion of the property that is within incorporated Fayetteville. Additionally, given the nature of the City's automatic response agreements with outlying areas, the Fayetteville Fire Department is currently the de facto first responder. The overall property currently has access to City water and sanitary sewer, but extensions will likely be required to serve the larger property currently outside the City limits. 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: Engineering: Between the existing utilities located along Wedington Drive to the south, 54th Avenue to the west, Sunshine Drive to the northeast, and Yellow Brick Road to the north, Engineering does not anticipate a need to upgrade utilities to accommodate development of the property. GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N. 54th St. (Fay. Housing Partners) 398\03 PC\02-10-2020 Planning: The proposed annexation will not immediately lead to increased density on the subject property or increased traffic congestion in the area. If developed under the zoning requirements of the concurrently -requested RI-U and CS zoning districts there will be a marked increase in both density and traffic. Given adjacency to Wedington Drive and existing traffic accident data, Planning staff does not anticipate that increased traffic from this site will pose a traffic danger. 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: Not applicable; 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: Not applicable; the extent of the proposed rezoning is not within or adjacent to the planning areas of other municipalities in Washington County. Additionally, the property would not require access through other jurisdictions nor would it be served by their services. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. . Finding: Not applicable; The subject property and all of those around it are served by either Fayetteville water, sewer, or both. Those currently not served by Fayetteville water and sewer utilize water wells or septic systems. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the 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. However, the applicant has submitted a concurrent request to rezone a portion of the area under consideration for annexation and the entire area already within Fayetteville. The request is to rezone approximately 2.28 acres along Wedington to CS, Commercial Services, and a larger area north and west of that to RI-U, Residential Intermediate, Urban. The RI-U area will include the balance of the area currently in Fayetteville not proposed as CS, and an additional 15.2 acres of the land under consideration for annexation. The remainder of the property is proposed to remain R-A, Residential Agricultural, for continued farming use. GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N. 54th St. (Fay. Housing Partners) 398\03 P002-10-2020 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the ' Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 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: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, a legal advertisement has been submitted with the 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 moderate size, totaling approximately 30 acres. The request would somewhat reduce a peninsula of unincorporated area, but it would also exacerbate the remoteness of other areas of the peninsula not proposed for annexation. If the Council desires to annex the area, staff would recommend additional area be incorporated to "square -off' the city limits to create a more logical boundary. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the proposed rezoning, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land toward the western extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure -in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes urban form and higher densities somewhat ameliorates this concern. RECOMMENDATION: Planning staff recommends forwarding ANX 20-6981 to the City Council with a recommendation of approval. GAETC\Development Services RevievA2020\Development Services\20-6981 ANX 1210 N. 54th St. (Fay. Housing Partners) 398\03 P002-10-2020 PLANNING COMMISSION ACTION: Required YES Date: February 10, 2020 O Tabled M Forwarded O Denied Motion: Johnson, to forward to the City Council with a recommendation of approval. ISecond: Paxton Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • City Services Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2020\Development Services\20-6981 ANX 1210 N. 54th St. (Fay. 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[A L cz u V7 U ai N U U 0 M C o f3. y En•v C • s C s C V] VCC] L 0 . � Z Y CZ VJ O � fA . CL L C QUA = N . V �. U C cq c� .O ca En U U 'cz M O L a. O `A Q°° C C o E � C � > � � � c� C O X U •N � 0 o y rA cs„ --aa U N L XC 'O cn O. O N C C O �, C C's � C Q s- o a da]E- �¢ cz C � cd U rn O +•.Cd C CIS C O � O (4— o �' 3 a� .r > ca it i2 -0s U cn =s .3 o U O O V vi � � L �U i U Cd M C N +U+ ed GQ Y u N :Ca C .O O Q Cd - ca L O N u E U it c Cd O a > a N L 0 a) �U 0 -.°-� a Q O N w bA b L p a O cd L.- u U � B -a O ° L cO cd p d N 'O 0 N �QaL oar ;aw C C0-41 m O a 0 a HN v, c O X c e� R3 C O U CII Cd cu a E Cd U t� Cd U 'C c O 7 CV) LO 0 CCrafton Toil architecture I engineering I surveying January 2, 2020 City of Fayetteville Planning Staff .125 W. Mountain Street Fayetteville, AR 72701 RE: Wedington Rezoning CTA Job No. 19112400 To whom it may concern, ANX 20-6981 Request Letter 901 N 47th Street, Suite 200 Rogers, AR 72756 479.636.4838 (ph) 479.631.6224 (lax) This submittal is for the annexation of approximately 30 acres along Wedington Dr. There is currently approximately 10 acres of property within the city limits and this will bring the rest into the city. The property is adjacent to existing city limits on the south and west sides. No island or enclave will be created with this annexation. The intent for land use on the affected property is further explained in the submittal letter for the proposed zoning of the property. Should you have any questions or concerns feel free to contact us. Thanks, Taylo indley, P.E. Proj ct Manager DocuSign Envelope ID: E46554CE-1542-459B-8027-FF32BACFBAI4 c-') ANX 20-6981+� ,; o Order of De-annexation�� co �. tTi_._ IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAI S ' sl N IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS CC NO.2019-43 TO SAID CITY OF FAYETTEVILLE, ARKANSAS ORDER CONCERNING ANNEXATION On this regular day of a regular term of the County Court of Washington County, Arkansas, there is presented to the Court by the New Heights Church, the petition of the real estate owner desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. This Court being fully advised of the facts and the law does hereby find as follows: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. 4. The Court finds that the territory consists of lands that: a.. whether platted or not, are held to be sold as suburban property; b. represent the actual growth of the municipality beyond its legal boundary; and C. are needed for proper municipal purposes such as the extension of need police regulations. DocuSign Envelope ID: E46554CE-1542-459B-8027-FF32BACFBAI4 Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. E 6StDocuSigned by: �t. (64 34F19482757444F... JOSEPH K. WOOD, COUNTY JUDGE DATED: January 2, 2020 1 8:48 AM CST Fayetteville, AR 8-inch Water Main (Yellow Brick Road) `rMita r/ t r'r� i, r>,t:1n17nrrx i� NARK � l l 1, kuJ r. Proposed �e ri Annexation ;I r 8-inch Sewer Main (54th Ave.) f t Associated Property aa—r -01 {{ 7F� ur C'. - v 1 • ' 4. red e: F its 8-inch Water Main (Sunshine) , t Y 1 - a { I eft r �r e { .07 8-inch Water Main (Wedington) 6-inch Sewer Main i i' - [ (Wedington) 18-inch Water Main r (Wedington) C _a :.' City of Fayette AR. 2,Gt91mage ry 2/5/2020, 1:12:15 PM Sewer Pressurized Main — 2' - 8' t Hydrant 10' - 18' Water Main fo 20' - 36' - -- Unknown Diameter Sewer Main 1'-8' Unknown 10'-20' — Up to8' 24- - 42_ 8' to 12' 0 12' and Up 1:9.028 0 0.0175 0.15 0.3 mi 0 0.1 0.2 0.4 km The clef. CAnssiMtl herein was complecl from various seurc et la the wle use rid benefit d he Coy of Fy ttewle G.oyraphc Irformt— System and the pubYC apenaes it serves. Any ue of the d.ss by etyone other than ha City ofFayetawl. is at the sob risk of the and by a..pt— of the data, the uar does herby aC,.a to "emafy he City d F.yah—le and hall ha City of Fay newle harmless from and wfhout lability for any cssims, sdims, cost for den.¢s of shy reture,tnrLdnp fie aya cost of defense, asserted by user a by rather arahp from the use of the class The City of Fayettwale makes ro M:press or implied wrradesswttt referent. to the data M ward, ptrisse, or dare rourid rest sh.l b.—trued tow. —that torten n.y set forthunder Arkrsas law ANX20-6981 FAYETTEVILLE HOUSING One Mile View NORTH 0 0.125 0.25 0.5 Miles •,'1/,I.,`,',,, ,1 • Grt �' ' P-1 i 1 J fl RSF-4 � i � t i 1 L--� i 1 — _J Subject Property __ _ R-O R-A R11F-12 r� 1 � zo�IRp OIa c.—.Imam.l ,- - RESIDENTIAL SINOLEFAMILV EXTRACTION MNSG =.I _---� ORM COMMERCIAL IO R,"I RuerteauO:c `R Legend Rem p enaunnon,nl O cT RS.S � W 1 FORM BASED DISTRICTS - Planning Area O Na,� sn.ecer —�� �i ! Fayetteville City Limits � ^RSF-0 --RS`^^ _QMNIw'�General Q RESR)ENTIAL MULTIFAMILY C'. RMF-0 ', NepnmmeCSm-e �NepnEu+ooECmttM:a Shared Use Paved Trail ORw.O PLANNE020NING DISTR CTS ----- ; Planning Area - - ;___- r3.- IMR IO C.meatP.InpWeai. NSTTUTN)NAL ,11,111 Trail (Proposed) --�-- Fayetteville City limits � _ --- J M RN`A5 cwn INDUSTRIAL ANX20-6981 FAYETTEVILLE HOUSING Close Up View L •f a1� RSF-4 I G . c.J ' M ONLI HT DR ' Subject Property i RI-12 A'LL-E. • - 6HATT �.AL•LE ,1384, t 'FOu TAIN" _ ALLEY -1315` � • ' C1NO DALE DR Legend ® Hillside -Hilltop Overlay District ` - Planning Area -._ Fayetteville City Limits — Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1 inch = 400 feet 1,160 NORTHI Residential -Agricultural RSF-4 RI-12 ��; P-1 ANX20-6981 FAYETTEVILLE HOUSING A& CUCrenr Land Use PARTNERS NORTH �. �' o J ti —.Ci 1 r: Single -Family Residential _ �T 'C N ` h �� a-a�1• �' � ---- .. � • . � � p�s � Jet ' .2, .a• Mixed -Density o . Nri Residential`' ,; MOONLIGHT DR MOONLIGHT DR s' y"� E _ Mixed -Use ELI 1 Subject Property SCF , l Industrial I +1 _� rdIi -D ALLE1449 Y a I •;� r 'r - '�� �! CHATTEL ui - v►_ --' .,-�-� STPONCAIST F ALLEY ,( y` �f Agricultural FOUNTAIN - ST ALLEY z `-y£` �' r ! i `G 31 1315W 'r3 �►_mt ru Yj i O '` i CANNOND E AL_ f F- _ ^f ! Agricultural •'l� .�_.., � �'_�— p �' -�y '; Id, �. � 1 -_- TV __.- ,� a �s �' FEMA Flood Hazard Data IC 100-Year Floodplain Feet r Floodway Trail (Proposed) �- - -, 0 145 290 580 870 1,160 - - - Planning Area Fayetteville City Limits 1 inch = 400 feet i Y Y ANX20-6981 Future Land Use Legend 1 1 _ Planning Area 4 t Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint FAYETTEVILLE HOUSING NORTH 0 ., 1 1 1 1 . 1 1 1 1 �1� I ❑ C C❑ C C❑ C C❑ C C C❑ 1 1 1 1 .Olu Feet 0 180 360 720 1,080 1 inch = 500 feet Future Land Use 2040 ® Natural Area Rural Area - Residential Neighborhood Area 1,440 E:3 Complete Neighborhood Plan = Civic and Private Open Space/Parks JOHNTHURSTON ARKANSAS SECRETARY OF STATE August 25, 2020 The Hon. Becky Lewallen Washington County Clerk 280 N. College Ave Fayetteville, AR 72701 Re: City of Fayetteville Annexation Ordinance 6284 Dear Ms. Lewallen, This letter acknowledges receipt and filing of the following notice of municipal boundary change by the Office of the Arkansas Secretary of State: Filing Type: Annexation pursuant to A.C.A 414-40-609 (petition of all landowners) Effective Date: 3/21/2020 County: Washington City: Fayetteville City Ordinance: 6284 Dated: 2/18/2020 " County Court Order: 2019-43 Date Filed 2/2/2020 A file marked copy of the ordinance, court order and exhibits submitted to our Office are enclosed. By copy of this letter (and its enclosures), the Secretary of State hereby notifies the appropriate mapping authorities for Arkansas. Please retain these copies as official record of the filing,of the municipal change by the Arkansas Secretaryof State. If you have any questions or concerns regarding this filing, please do not hesitate to contact. our Office at 501-683-3717. Sincerely, Sha ell McGraw Elections Division i vat,s7 -+.Ys.1�. yrr yy�V cc. Areas G"eo a hic Information stems OfiEe �v/eitt4 J.[G 4 Arkansas Department of Transportationvlapping Department (w/encl) Department of Finance and Administration (w/encl) Arkansas Public Service Commission (w/encl) Arkansas Economic Development Institute (w/encl) The Hon. Lioneld Jordan, Mayor of Fayetteville (w/end) The Hon. Kara Paxton, Fayetteville City Clerk/Treasurer (w/encl) State Capitol • Suite 256.500 Woodlane Street • Little Rock, Arkansas 72201.1094 501-682-1010 • Fax 501-682-3510 e-mail: arsosAsos.arkansaagov • www.sos.arkansas.gov � 9` RF,T1R � m X anrrw� a County: Washington Arkansas Secretary of State John Thurston Arkansas Secretary of State, 500 Woodlane Ave, Little Rock, AR 72201-1094 Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 City/Town: Fayetteville City Ordinance/Resolution No: 6284 Date approved: February 18, 2020 County Court Case No: 2019-43 Date Order Filed: January 2, 2020 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: March 21, 2020 Set b p 0 Emergency ()Court ()Default g y: QMunici al Ordinance Emer enc Clause (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: QUpheldQOverturned0 Other (attach explanation Please indicate which ward(s) the territory will be assigned to: Ward 4 (See A.C.A § 14-40-203) Initiating party: QAII Landowners Q Majority Landowners ()Municipal Governing Body ()State ©Other. Supporting Documentation attached (check all that apply): a✓ File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required except forA.C.A. §14-40-501) ✓� Copy of Arkansas GIS approved printed map and certification letter (required) aProof of Publication for all Legal Notices (include Nearing, Election, and City Ordinance/Resolution notices) El File marked copy of Petition Part (if applicable) File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: Kara Paxton Title: City Clerk Treasurer Street Address: 113 West Mountain St. City: Fayetteville St: AR Zip code: 72701 Complete one form per ordinance/resolution, attach It as a cover page to the supporting document set and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 655 of 2017 County Off` I: Signatur Date: 1 0 Pursuant tow 655 of 2017, County Officials must submit a file -marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Woodlane Ave Suite 256, little Rock, AR 72201-1094 Office of the Arka s Secretary of State use only D Received by: AUG 2 5 2020 Arkansas Rev.2/2019 St-'Cretary of State DocuSign Envelope ID: E46554CE-1542-4598-8027-FF32BACFBAI4 C- a co A-i: r"r`. IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAIS- e� a IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS CC NO.2019-43 TO SAID CITY OF FAYETTEVILLE, ARKANSAS ORDER CONCERNING ANNEXATION On this regular day of a regular term of the County Court of Washington County, Arkansas, there is presented to the Court by the New Heights Church, the petition of the real estate owner desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. This Court being fully advised of the facts and the law does hereby find as follows: 1. The Court fords that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. 4. The Court fords that the territory consists of lands that: a.. whether platted or not, are held to be sold as suburban property; b. represent the actual growth of the municipality beyond its legal boundary, and C. are needed f6r Proper municipal purposes -such15 � the extension of need police .A. regulations. DocuSign Envelope ID: E46554CE-1542-45913-8027-FF328ACF13AI4 Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. [ oocuftmd by: .� . (W"_ 34F1 BI827574F... JOSEPH K. WOOD, COUNTY JUDGE DATED: January 2, 202018:48 AM CST A R K A N S A S Department of Transformation and Shared Services GISAsa Hutchinson 9 OFFICE Governor Secretary Amy Fecher Director Shelby Johnson December 13, 2019 Mr. Robert K. Rhodes Hall Estill - Attorneys at Law 75 N. East Ave Ste 500 Fayetteville, AR 72701 RE: City of Fayetteville Annexation Coordination Requirement Mr. Rhodes, Thank you for coordinating with our office as you seek to annex property into the City of Fayetteville, AR located in Section 11, Township 16 North, Range 31 West. This letter represents confirmation that you have properly coordinated with our office (Arkansas GIS Office) as specified in § 14-40-101 (Act 914 of 2015) of the 901h General Assembly. Our office will wait completion of any additional steps necessary for the proposed boundary change, which normally comes from the Arkansas Secretary of State Elections Division after any appropriate filing by your County Clerk. Thank you, U� Jennifer Wheeler, GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H:\CityAnnexa11Ors\Cities\FayetteviIle\2019I213\Doc\20191213_Fayetteville Annexation_CDordination_Letter.docx ARKANSAS GIS OFFICE 1 Capitol Mall, Suite 6D - Little Rock, AR 72201-501.682.2767 gis.arkansas.gov - transform.ar.gov ff� J(. I ! Jes Anderson + I I CindyHoBaw 510-Tl6N•R31W PmPosed Annex City of FayeEtBvn(e � < _�; '-'•. ", • : City: Fayetteville Desembei'2079 t'%r ' "'J� a Mayor. Lioneld Jordan �— I �� �-�,`' +I YII �•t{y,, _;,..2.•�- y--�.. (._o Arkansas Code 14-40.101. a -fore an anlily undagakas on •� _`_ t�6 `" 444'Y`• �A� 4' annexation, cansoA4labon, or S�A`+hl y--" (fJ . ^^�--�.l 1` I �•"'�T m p a delachment pr000ad�n0 under M chap(ar, the every shall roordlnale with {' 2140 t the ArYanaes GeoprapM1k Information Syslems Office for Preparallon of bpe0 descriptions and dyflal mapping for the , _ S1-TlSNiR31W relavanf annexafian, corl4okalian, and cblachmenl 1 S2TT6N•RJ*^ 1W �\ � � Tate —P eon(Wriod herein, Is —dnc., the endty Ms mN roQufnmenls of AO 91Q 02015 t._ ..a.. L---j P— — �i}nnn1i .. Stt- 0 0.04 0.08 0.18 miss a�iAYlAe Oli Of FILE M.�Wy MnalbrMpY�Kary6JhOefM1J1 WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse ! 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444.1711 Fax: (479)444.1894 BECKY LEWALLEN County And Probate Clerk July 31, 2020 To Whom it may Concern; You will find enclosed an Annexation to the City of Fayetteville. If you have any further questions please don't hesitate to call. Thanks, Jennifer Sharpshair Chief Deputy County Clerk 280 N. College Ave.; Suite 300 Fayetteville, AR 72701 (479)444-1711 ®���-� � �"_ 'Y3" .. :��'�'" ,_ ,sly— _-_. �=.Rl�'. l'k�i+r. +� r f-_`�^•1.. a"+ yr y ,'1� u war •LiD "t4►y„ L..� � � � 'CiV"�� w RECEIVED MAR 0 4 2020 NORTHWEST ARKANSAs CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Democrat- �.�ett�e AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas Democrat -Gazette, printed and published in Washington County 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 6284 Was inserted in the Regular Edition on: February 27, 2020 Publication Charges: $ 96.20 &U, sb�� Cathy S 0 gs U0 / Subscribed and sworn to before me This 2$ day of T� , 2020 Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance-6284 File Number: 2020-0130 ANX 20-6981 1210 N 54TH STREET FAYETTEVILLE HOUSING PARTNERS: AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF THE FAYETTEVILLE HOUSING PARTNERS AND ANNEX 34.85 ACRES OF LAND LOCATED AT 1210 NORTH 54TH STREET WHEREAS, Fayetteville Housing Partners has properly secured the Washington County Judge's authorization to annex their 34.85 acres on the north side of Wedington Drive located at 1210 North 54th Street. 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 approves the annexation petition of Fayetteville Housing Partners and confirms the annexation to the City of Fayetteville, Arkansas of about 34.85 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 property R-A, Residential Agricultural. 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. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 34.85 acres to Ward Four of the City of Fayetteville. File Number: 2020-0130 PASSED and APPROVED on 2/18/2020 Jordan, Mayor Kara Paxton, City Clerk Treasurer 75235174 02/27/2020