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HomeMy WebLinkAboutOrdinance 6510IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIII IIII IIII Doc ID: 020299110004 Type. Kind: ORDINAREL NCE Recorded: 12/21/2021 at 09:24:00 AM Fee Amt: $30.00 Page i of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00048606 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6510 pRCHNED File Number: 2021-0853 :Z: C-' Op N M ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE): _ .w m (,�,�; CD _i G. N 00 AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21-003 SUBMITTED BY RAUSCH COLEMAN HOMES, INC. FOR PROPERTY LOCATED SOUTH OF 2936 SOUTH BLACK OAK ROAD CONTAINING :„ ram M APPROXIMATELY 101.77 ACRES u WHEREAS, Rausch Coleman Homes, Inc. has properly secured the Washington County Judge's authorization to annex 101.77 acres located south of 2936 South Black Oak Road into the City of Fayetteville. 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 confirms the annexation to the City of Fayetteville, Arkansas of about 101.77 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 101.77 acres to Ward One of the City of Fayetteville. Page 1 Printed on 1218121 Ordinance: 6510 File Number 2021-0853 PASSED and APPROVED on 12/7/2021 Approv;1 : Attest: ...IL:Awl:J.,. Cie, Lionel. ordan, ayor PC,Kara Paxton, City Clerk Treasurer ���•jREici�. ����';•G\�Y OF••'.-p;e �-: •� -�, Y�REVILL •FA �-_ • ,e-s7 • •KAI\I" • Jam.: Page 2 Printed on 12/8/21 ANX-2021-000004 Riverside Village ANX-2021-000003 Close Up View EXHIBIT 'A' IL-• I'-I — "iiii ♦ • _ ♦ • 1-2 \ • • ♦ • ♦• • • e4q Ck O O Subject Property 1 NORTH Residential-Agricultural .NOMO Neighborhood Link RSF-4 Hillside-Hilltop Overlay District Feet 1-2 General Industrial - �▪ Planning Area P-1 • - - 0 220 440 880 1,320 1,760 L — _Fayetteville City Limits Trail(Proposed) 1 inch = 600 feet ANX-2021-000003 EXHIBIT 'B' PART OF THE E 1/2 OF THE SW 1/4 AND PART OF THE SE 1/4 OF SECTION 26 AND PART OF THE W 1/2 OF THE SW OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST,WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 26; THENCE 1318.68 FEET EAST; THENCE 1164.14 FEET NORTH TO THE POINT OF BEGINNING, SAID POINT BEING AN IRON PIN IN THE CENTER OF COUNTY ROAD#57,AS DESCRIBED IN DEED RECORD 93-63230; THENCE WITH SAID COUNTY ROAD#57,AS DESCRIBED IN DEED RECORD 93-63202 AND DEED RECORD 93-63230 THE FOLLOWING FOUR COURSES: THENCE N42°03'46"W 124.60 FEET; THENCE N42°05'32"W 1129.42 FEET TO AN IRON PIN IN THE CENTER OF COUNTY ROAD#57; THENCE N42°20'42"W 370.42 FEET; THENCE N62°29'47"W 203.96 FEET TO THE CENTER OF COUNTY ROAD#57; THENCE LEAVING SAID COUNTY ROAD#57 N84°22'16"E 3345.86 FEET; THENCE S35°11'30"E 711.40 FEET; THENCE N89°36'30"W 325.72 FEET; THENCE S00°02'30"E 234.00 FEET; THENCE S00°02'30"E 903.16 FEET; THENCE N87°36'30"W 1631.00 FEET; THENCE N07°55'50"E 292.33 FEET; THENCE S64°12'15"W 616.00 FEET TO THE POINT OF BEGINNING,CONTAINING 96.76 ACRES, MORE OR LESS AND SUBJECT TO SOUTH BLACK OAK ROAD/COUNTY 57 ALONG THE WEST AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 12/21/2021 09:24:00 AM and recorded in Real Estate File Number 2021-00048606 Kyle Sylvester- Circuit Clerk by ,t ti City of Fayetteville, Arkansas 113 West Mountain Street `\ Fayetteville, AR 72701 (479) 575-8323 Text File - File Number: 2021-0853 Agenda Date: 12/7/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B.1 ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21-003 SUBMITTED BY RAUSCH COLEMAN HOMES, INC. FOR PROPERTY LOCATED SOUTH OF 2936 SOUTH BLACK OAK ROAD CONTAINING APPROXIMATELY 101.77 ACRES WHEREAS, Rausch Coleman Homes, Inc. has properly secured the Washington County Judge's authorization to annex 101.77 acres located south of 2936 South Black Oak Road into the City of Fayetteville. 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 confirms the annexation to the City of Fayetteville, Arkansas of about 101.77 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 101.77 acres to Ward One of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 12WO21 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0853 Legistar File ID 11/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/29/2021 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE, 682/683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 16, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner DATE: October 29, 2021 CITY COUNCIL MEMO SUBJECT: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE, 682/683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to annex the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in south Fayetteville off S. Black Oak Road, immediately south of Combs Park. The subject property is composed of four parcels, encompassing approximately 101.77 acres that lie within unincorporated Washington County. In terms of the natural features of the site, the property is undeveloped with most of the tree canopy present near the West Fork White River which generally forms the east boundary of the subject property. The eastern extent of the property is encumbered by the floodway and floodplain of the river. An unnamed protected tributary of the West Fork White River is present in the northeast quadrant of the property. Request: The request is to annex the subject area into the City of Fayetteville. The applicant states that the annexation is warranted to provide additional residential housing stock to northwest Arkansas which they assert is facing substantial current and projected growth. The request letter suggests the annexation meets the City's guiding policies for annexations because the subject property is adjacent to City limits, the areas to be annexed include entire parcels, and that the property contain sensitive areas which the City would benefit from protecting. An order of annexation was signed by the Washington County Judge on August 4, 2021. An associated request to rezone the property as a Residential Planned Zoning District is under consideration concurrently (RPZD-2021-000004). Public Comment: A member of the public wrote in opposition to the request. Their comments suggested the annexation and development of the site under the proposed RPZD would contribute to suburban sprawl and threaten the sensitive environmental features of the site. Two Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 members of the public spoke at the October 11 th Planning Commission meeting: one in favor and one opposed. The member of the public who supported the annexation said the annexation would provide an opportunity to improve the shortage of affordable homes in Fayetteville. The neighbor who spoke in opposition indicated concerns with traffic, the presence of nearby floodplain, wildlife, and air quality and noise associated with the adjoining industrial park. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation as an Industrial and Natural Area. Industrial Areas are areas where buildings by their intrinsic functions, disposition or configuration, cannot conform to one of the other designated areas and/or its' production process requires the area to be separated from other uses. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staff's report. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. If the land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. The proposed annexation would create a projection of City limits into unincorporated Washington County. While there are portions of the City's boundary that extend further south than the subject area, the subject property is bordered by Fayetteville's corporate limits only along the north property line. Areas in the City that extend further south are located roughly a linear mile in either direction of the subject area. Staff finds, though, that the proposed boundary is unlikely to cause confusion for service providers and residents. The annexation boundary aligns with existing property lines and the natural features of the site. Fayetteville Fire has an automatic aid agreement with Round Mountain Fire Department where both departments are dispatched in the event of a structure fire. The residence is currently connected to City water, but not City sanitary sewer. The nearest sanitary sewer main is located roughly 800 feet north of the subject area and an offsite extension will be required for future connection. Incorporating the subject area does not create any opportunities for additional connectivity per the 2040 Master Street Plan, though a planned off-street trail connection runs along the east property line through Combs Park to the north. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the October 11, 2021 Planning Commission meeting the Commission elected to hear both the annexation and the associated planned zoning district in tandem. A vote of 8-1-0 forwarded the annexation request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Canada seconded. Commissioner Garlock voted no, finding the subject property to be too remote considering the low infill score and distance from services and a Tier Center as defined in City Plan 2040's Growth Concept Map. Commissioners in favor of the request suggested both the City and property would benefit from development of the site being subject to the City's ordinances, especially considering the sensitive environmental nature of the area. Other comments in favor of the request included the proximity of the property to a large employment center and the site's deceptively close proximity to downtown. Two members of the public spoke at the October 11' meeting. The first was a representative of the sellers of the property who supported the proposal and discussed the shortage of affordable homes in Fayetteville. The second, a neighbor, did not indicate whether they opposed or supported the development but urged the Commission to consider their responsibility to protect the safety, heath, and welfare of the area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report • Public Comment ANX-2021-000004 Close Up View 84,4 C6. , 0 I-2 Neighborhood Link Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Trail (Proposed) Riverside Village Subject Property Feet 0 220 440 880 1,320 1 inch = 600 feet �����■ RSF-4 � r \ — — — — — — — — — — — _ I 1 l 1 NORTH Residential -Agricultural RSF-4 1-2 General Industrial 1,760 P-1 PART OF THE E 1/2 OF THE SW 1/4 AND PART OF THE SE 1/4 OF SECTION 26 AND PART OF THE W 1/2 OF THE SW OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 26; THENCE 1318.68 FEET EAST; THENCE 1164.14 FEET NORTH TO THE POINT OF BEGINNING, SAID POINT BEING AN IRON PIN IN THE CENTER OF COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63230; THENCE WITH SAID COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63202 AND DEED RECORD 93-63230 THE FOLLOWING FOUR COURSES: THENCE N42°03'46"W 124.60 FEET; THENCE N42°05'32"W 1129.42 FEET TO AN IRON PIN IN THE CENTER OF COUNTY ROAD #57; THENCE N42°20'42"W 370.42 FEET; THENCE N62°29'47"W 203.96 FEET TO THE CENTER OF COUNTY ROAD #57; THENCE LEAVING SAID COUNTY ROAD #57 N84°22'16"E 3345.86 FEET; THENCE S35°11'30"E 711.40 FEET; THENCE N89°36'30"W 325.72 FEET; THENCE S00°02'30"E 234.00 FEET; THENCE S00°02'30"E 903.16 FEET; THENCE N87°36'30"W 1631.00 FEET; THENCE N07°55'50"E 292.33 FEET; THENCE S64°12'15"W 616.00 FEET TO THE POINT OF BEGINNING, CONTAINING 96.76 ACRES, MORE OR LESS AND SUBJECT TO SOUTH BLACK OAK ROAD / COUNTY 57 ALONG THE WEST AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner MEETING DATE: October 11, 2021 SUBJECT: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE, 682/683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. RECOMMENDATION: Staff recommends forwarding of ANX-2021-000003 to City Council based on the findings included within this report. RECOMMENDED MOTION: "I move to forward ANX-2021-000003 to the City Council, recommending approval." BACKGROUND: The subject property is in south Fayetteville off S. Black Oak Road, immediately south of Combs Park. The subject property is composed of four parcels, encompassing approximately 101.77 acres, that lie within unincorporated Washington County. In terms of the natural features of the site, the property is undeveloped with most of the tree canopy present near the West Fork White River which generally forms the east boundary of the subject property. The eastern extent of the property is encumbered by the floodway and floodplain of the river. An unnamed protected tributary of the West Fork White River is present in the northeast quadrant of the property. An associated planned zoning district (RPZD-2021-000004) is associated with the subject request. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Superior Industries Combs Park 1-2, General Industrial P-1, Institutional South Undeveloped Washington County East Undeveloped Washington County West Undeveloped Washington County Request: The request is to annex the subject area into the City of Fayetteville. The applicant states that the annexation is warranted to provide additional residential housing stock to northwest Arkansas which is regionally facing substantial current and projected growth. The request letter suggests the annexation meets the City's guiding policies for annexations because the subject property is adjacent to City limits, the areas to be annexed include entire parcels, and that the property contain sensitive areas which the City would benefit from protecting. An order of annexation was signed by the Washington County Judge on August 4, 2021. Additionally a request to rezone the property as a Residential Planned Zoning District is under consideration concurrently. Public Comment: Staff has received no public comment to date. INFRASTRUCTURE: Streets: The subject property has approximately 1,830 feet of frontage along the east side of S. Black Oak Road. This road is paved and approximately 23 feet wide, but is otherwise unimproved, and consists of open ditches on either side. Any street improvements required in these areas would be determined at the time of development proposal. It should be anticipated that a Traffic Impact Study (TIS) will be required at the time of development proposal. This TIS should identify impacts to nearby streets due to increased traffic. Water: Public water is available to the subject property. An 8-inch diameter City of Fayetteville water main is located along the east side of S. Black Oak Road near the property's frontage. Sewer: Sanitary sewer is not available to the subject property. A main extension would be required with a future development. The nearest sanitary sewer main is approximately % of a mile to the northwest at the intersection of S. Black Oak Road and E. Borick Drive. Drainage: A portion of the subject area lies within a FEMA floodplain, has hydric soils, and a protected stream is present in the area. No portion of the property is located within the Hillside -Hilltop Overlay District. The portion of the subject area within the FEMA floodplain will necessitate the need for a floodplain development review at the time of permit or plan submittal. This will restrict the type of development and impact allowed in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. floodplain is present throughout the entirety of the subject property. Hydric soils are also present on the subject property. They are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the east side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The primary fire and EMS response for this area is covered by the Round Mountain Fire Department (RMFD). RMFD is located approximately 7.6 miles away. The property is also covered by the Fayetteville Fire Department under an automatic aid agreement with RMFD. Per the agreement, if there is a reported structure fire in this area, RMFD is dispatched as well as the Fayetteville Fire Department. The Fayetteville Fire Department will respond with two fire companies and one command unit. This is a reduction of fire companies that are dispatched within the city limits of Fayetteville where five fire companies and one command unit are on the initial dispatch of a reported structure fire. EMS calls, service calls or other emergency calls types in this area will only get the response of RMFD. Police: The Police Department did not comment on this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates the properties within the proposed rezone as Industrial and Natural Areas. Industrial Areas are those areas where buildings by their intrinsic functions, disposition or configuration, cannot conform to one of the other designated areas and/or its' production process requires the area to be separated from other uses. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 0-4. The high score translates to a weighted score of 5 at the highest level. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Water Main (8-inch main east of S. Black Oak Road) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Paved Trail (St. Paul Trail) 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 Finding: The proposed annexation would create a peninsula along the City's south boundary. While there are portions of the City's boundary that extend further south than the subject area, the subject property is bordered by Fayetteville's corporate limits only along the north property line. Areas in the City that extend further south located roughly a linear mile in either direction of the subject area. The proposed new city limit boundaries is unlikely to 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 south 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 or development to speak of. The subject area is composed of properties owned by two ownership groups. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of the subject properties. The annexation boundary does not align with the boundary of the city to the east or west however, the boundary follows a natural corridor insofar as it borders the West Fork White River to the east. A planned off- street trail connection runs along the east property line. Incorporating the subject area does not create any opportunities for additional connectivity per the 2040 Master Street Plan. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject area is adjacent to City water and the site is within acceptable response times of the Fayetteville Fire Department. Sanitary sewer is not available to the site and a main extension would be required with any proposed development. 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 subject area is undeveloped and natural. While portions of the property have significant mature tree growth, the majority is clear. No portion of the property is within the Hillside -Hilltop Overlay District, though floodplain, hydric soils, and a protected stream are present on -site. Floodplain is associated with the West Fork of the White River or its tributaries that feed in to Beaver Lake. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department's closest station is Station #3 (1050 S. Happy Hollow Road), located approximately 3.5 miles away from the subject area. The Fire Department did not provide an estimated response time. 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 immediately north of the subject property, but not to this address. The Fire Department has an automatic aid agreement with the Round Mountain Fire Department where both are dispatched if a structure fire is reported. The residence is currently connected to City water, but not City sanitary sewer. The nearest sanitary sewer main is located roughly 1,500 feet north of the subject area. 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: Public water service is adequate for connection and extension, and does not need to be upgraded because of this annexation. Sanitary sewer is not available to the subject area. An offsite extension will be required for future connection. Planning: The proposed annexation will likely lead to increased density in the area. By default, properties annexed into the city are designated as R-A which would significantly limit the developable potential of the site. If developed under the zoning requirements of the concurrently -requested PZD there will be a marked increase in both density and traffic. Given adjacency to S. Black Oak Road, a Neighborhood Link Street, 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: 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: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. 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 subject area is included within the City's Future Land Use Plan and is designated as Industrial and Natural Areas. 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 the area under consideration for annexation. The request is to rezone the subject area to a Planned Zoning District. 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 appropriate development review process. No development proposal has been submitted at this time. 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. Signage was posted on the site informing surrounding neighbors of the annexation proposal. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a moderate size, totaling approximately 101 acres. The request would somewhat create a peninsula of incorporated City limits. 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 on the fringe of the City and developing it in a suburban, residential manner can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. RECOMMENDATION: Staff recommends forwarding ANX-2021-000003 to the City Council, recommending approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: October 11, 2021 O Tabled O Forwarded O Denied Notion: ISecond: Vote: BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 12.3 Annexation 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 protection 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 annexations 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 may become part of the City when these annexation polices are met. v o> Cr 3 cQ CD o= o oc,C �3 a3 N W O N. V (Q N o CO (D V O 7 k d9 1 E1 A 49, i7a' 1 265 Figure 12.15 - Fayetteville Annexation Map 4iva !�M�ySkof+ De -Annexation (Removed from Fayetteville) 0 Annexation 1870 1910 1970-1979 1930-1939 0 198o-1989 1940-1949 1990-1999 0 1950-1959 0 2000-2009 1960-1969 0 2010-Present 149 Annexation History and Trends The original town was incorporated in 1870 with approximately 1,100 acres. Since incorporation, the City has made almost 200 annexations, totaling over 34,000 acres. Annexation activity was relatively slow until the 1940's, when over 2,500 acres were annexed within 19 annexations. During the 1950's, almost the same number of annexations took place, however, the total land area annexed was significantly smaller than in the 1940's. By the 1960's. annexation 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 1990's, when the number of annexations tripled from the 1980's. By 2000, the City contained 45 square miles and by 2018 the City contained approximately 55 square miles. One indicator of the amount of developable land within the City is the number of people per acre. Prior to 1940 there were approximately 5.6 persons per acre. This era represents the time when Fayetteville was still relatively small and consisted primarily of what we would now consider the downtown and surrounding neighborhoods. By 1970, after numerous large annexations in the 1960's, the persons per acre had been reduced to 1.3. The City's population continued to increase dramatically through the 2000's when we maintained just over 2 people per acre from 2000-2010. An annexation referendum in October of 2006 for a large area along Wedington Drive on the west side of town brought in an additional 1,400 acres of low density land for eventual development. v 9 > S m o(D m o o 2 7 3 a3 N W O N. V (Q N o CO (D V O 7 _.. VJEST s'r ti .p L4 N W SC h`v c4 5� o L La �x Z i f� Lei t s r _ v HE: GoeK 4VF r�JC C ft5 -7 S ` Figure 12.16 - Fayetteville Town Plat 150 State Statutes on Annexation 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 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 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. � 0 > '3 CDo(DCDo N o 2 3 a3 N W3 O N. V (Q N o CO (D -I O 7 Figure 12.17 - Great Seal of the State of Arkansas 151 Property owners in areas contiguous and adjacent to the 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 acreage affected. 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 that 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. Annexation Guiding Policies Boundaries • Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. • Proposed annexation area must be adjacent, or contiguous, to city limits. • Areas should either include or exclude entire subdivisions or neighborhoods, not divide. • Boundaries for annexed areas should follow natural corridors. • The provision of services should be concurrent with development. Environmentally Sensitive Areas • Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services • Public services must be able to be provided efficiently in newly annexed areas. • Annexed areas should receive the same level of service of areas already in the city limits. • The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. �0>3� �o=�o wcv ,3 a3 N W N O N. V (Q N O CO (D -I O 7 152 Infrastructure and Utilities • Areas currently served by utilities and other public services should be annexed. • Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. • Phased annexation should be initiated by the City within the active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations • Promote long-range planning with adjacent jurisdictions. • Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations • Develop a land use plan for annexation initiated by the City. • Designate zoning districts for property during the annexation process. • An annexation study should be completed on all annexation proposals. • Development proposals require a separate review from the annexation proposals. • Residents should be fully informed of annexation activities. • Encourage larger annexations to create acceptable boundaries. • Conduct a fiscal impact assessment on large annexations. �0>3(0 �o=�o Aom �3 a3 N W O N. V (Q N O CO (D V O 7 153 August 26, 2021 Jessie Masters City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: Armstrong Road Annexation and Planned Zoning District — Riverside Village Please accept this letter as a request to annex four parcels, containing approximately 101.77 acres, into the Fayetteville City limits. Additionally, we are requesting rezoning of the subject property to Planned Zoning District. The subject properties are located on Black Oak Road, are currently undeveloped, and historically been used as hay fields. The West Fork of the White River is located along the east boundary of the properties. Even though the property is outside of the city limits, the property is in a very convenient location. Downtown and the University Campus are only 3 miles away and Happy Hollow Elementary is about 2.5 miles away. Additionally, there are multiple parks in the area, including Walker Park, Combs Park, and White River Park, as well as Saint Paul Trail, which is planned to be connected to the Razorback Greenway and Town Branch Trail by 2026. Fire Station #3 is located less than 2 miles from the property. Utilities are also present. There is an existing 8-inch water line adjacent to the site and an 8-inch sewer line, just north of the property. There is an existing utility easement in place that can used to make the sewer connection. Upgrades to these utility lines are not expected. The property itself has many unique properties, including the White River and associated floodplain, forest, fields, and a small creek that bisects the property. The associated site plan, which is being submitted as a Planned Zoning District, has been laid out to account for these important environmental features. Also, included with this submittal is a delineation study of Waters of the United States. Consistent with the principles of a conservation subdivision, Riverside Village has been designed to: preserve native vegetation and tree canopy, protect, and preserve unique environmental resources, conserve open space, protect areas of significant riparian benefit and encourage recreation and exploration of environmental resources. River frontage is a great amenity for this property and future residents, but the layout was formed around a much smaller feature. Bisecting the property, is a small intermittent stream that is flanked on either side by a variety of trees and shrubs, including red cedar, sassafras, oaks, and blackberries. On either side of the tree line, a walking trail will be constructed, establishing the western portion of the trail system. This trail system will also serve as access to the front doors for many of the homes. Along the north property, there are two more intermittent streams that run through the trees. The entire north property line is being preserved to protect these streams and provide a natural buffer from the nonresidential land uses north of this site. Along Armstrong Road, a wide greenspace will remain in place to serve as a buffer from the street and to provide open space for the rear -loaded homes at the entrance. One unique aspect of this project is the various parking locations scattered throughout the project. There are approximately 57 lots that do not have direct street frontage, for on -street parking. Rather, these lots are alley -loaded and face onto common greens, pathways, or forest preserves. The parking pods are offered in strategic locations to provide guest parking for these residences. Additionally, a cottage development of approximately 11 units is being proposed. These units will be situated around a common green space and will have a trail system that connects to the larger, neighborhood trail system. These units will be subject to the cottage development ordinance. The goal of this development is to have a variety of housing styles and sizes and a wide range of price points that are appealing and affordable to a range of families. Additionally, the development will provide many options for outdoor recreation, including a series of connected trails, access to woods, fields, and the West Fork of the White River. According to the City's trail construction schedule, the St. Paul Trail will be built out and connected to the Razorback Greenway by 2026. The planned trail connection is just north of this property and provides an excellent opportunity to connect this community to the broader community. This project complies with most of the goals of City Plan 2040.The design is based on common principles of a conservation subdivision, by preserving open space, forests, and other natural resources. The project is surrounded on three sides by greenspace. The location of the subject property, while outside of the City limits, is very close to downtown Fayetteville and thousands of jobs. Pedestrian improvements within the subdivision and upcoming trail improvements from the City of Fayetteville Trails Department, will make this area extremely walkable and within close proximity to jobs and parks. The project is very connected and compact, while also respecting many of the natural features of the property. Housing is a mixture of front and rear loaded homes, to respond to a wide variety of market needs. House sizes will vary in size from 1,100 square feet to 2,400 square feet, providing a range of house sizes and prices. Every home will have convenient access to trails, park land and open space. Future commercial uses have also been contemplated. The area at the northwest corner of the property is being reserved for future commercial use. It's doubtful that a commercial business is viable in this location today. However, in several years when the project is fully developed and tied into the trail system, a combination of homeowners and employees in the area could prompt the need for services in the area. Walking and future trail access is very important component of this development plan. Approximately, 4,500' of walking trails are proposed for this development. We are also working with the Trails Coordinator to ensure a connection to the trail system when the St. Paul Trail is completed. Interior streets will have on -street parking, street trees and sidewalks, creating a welcome environment for pedestrians. Greenspace, tree preservation and outdoor recreation are at the heart of the Riverside Village concept. Homes are surrounded by open space and trees. Tree preservation will also far exceed minimum requirements. Trails are provided throughout the project, so that every resident can walk, run, or ride a bike and enjoy the outdoors. Access to the river is also being provided, so that residents can fish, or kayak. Regarding annexation policies, the subject property is adjacent to the city limits; the areas to be annexed include entire parcels and do not exclude any property; the boundaries follow the property lines; the properties do contain sensitive environmental areas and should therefore be annexed to protect these areas during development; public services are available to serve the property; utilizes are at are adjacent to the property; and upgrades to these utilities are not expected. The fact is, Fayetteville and Northwest Arkansas as a region need more housing. Specifically, housing that is priced for modest wage earners. According to Our Housing Future: A Call to Action for Northwest Arkansas, which was prepared by the Walton Family Foundation, there are nearly 80,000 families projected to move to Northwest Arkansas' four largest cities by 2040. Approximately half of the new homes that will be needed must serve workforce households earning $33,000-$78,000. The City of Fayetteville can impact certain housing, particularly by financially supporting institutions and non -profits. However, none of the cities in the region can meet the overwhelming demand for new housing, particular at an affordable price point. This must be addressed by the private sector. This development provides an opportunity to provide new housing, in a location that is convenient to jobs, downtown, the trail system, and will provide outdoor recreational opportunities for residents. Sincerely, C)- JA _ Jesse Fulcher DocuSign Envelope ID: 15385CB4-3CA6-40D0-9F5A-D6C61B92AF5D 2021 AUG r 4 PM f : 2 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS to V—E L.. l!:P23,. IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO.2021-16 ORDER CONCERNING ANNEXATION On this 4t' day August, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into 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 ford as follows: 1. The Court fords that the petition and verifications are complete and accurate. 2. The Court further fords that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. CDocuSigned by: 3dF'19452757dddF JOSEPH K. WOOD, COUNTY JUDGE DATED: Aug 4, 2021 1 12:59 PM CDT ANX-2021-000004 Riverside Village One Mile View ' - -' 8' ck oqr Neighborhood Link ■ I Planned Residential Link -- Shared -Use Paved Trail - - - Trail (Proposed) ' Fayetteville City Limits L — — ' Planning Area 0 0.125 0.25 0.5 Miles Subject Property ;Planning Area ------ __ Fayetteville City Limits NORTH Zoning RESIDENT IALSINGLE-FAMILY L2 General M.—I EXTRACTION NSG E-1 RI-U COMMERCIAL � RI-12 Reaideneal-0fiu NSL M. C-1 Reaieandal-Agewltuml C-2 RSF-.I C-3 RSF-, FORM BASED DISTRICTS RSF-2 Downtown Care RSF-0 UNan 11-91,11 in I— Center RSF-fi Downtown Geneal RSF-1fi Community Sa ,c RESIDENTIAL MULTIFAMILY Neighb.ffi dservices RMF-fi NaighbmMod I ...... aban RM112 PLANNED ZONING DISTRICTS WWI. ii Cumnamial, Induateal, Reaiden�lal RMF-24 INSTITUTIONAL RMF-40 INDUSTRIAL 11 Heary Canmerdal and Light InMateal ANX-2021-000004 Close Up View 84,4 C6. , 0 I-2 Neighborhood Link Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Trail (Proposed) Riverside Village Subject Property Feet 0 220 440 880 1,320 1 inch = 600 feet �����■ RSF-4 � r \ — — — — — — — — — — — _ I 1 l 1 NORTH Residential -Agricultural RSF-4 1-2 General Industrial 1,760 P-1 Revised Map added 11/09/2021 12:43 PM ANX-2021-000004 Future Land Use k4ck o — O Rural Residential Neighborhood Link Planning Area �- - - Fayetteville City Limits Trail (Proposed) Riverside Village _ , NORTH Wool-, Civic and Private ,Open Space ` Residen N g orhood Civic Institutional •---- Industrial i i 1�. Subject Property .t Feet 0 220 440 880 1,320 1 inch = 600 feet � City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,760 Residential Neighborhood Rural Residential Urban Center Umberger, Ryan From: Wiederkehr, Mike Sent: Wednesday, October 13, 2021 12:27 PM To: Curth, Jonathan; Umberger, Ryan Subject: Annexation Public Comment Dear Jonathan and Ryan, It might be a day late and a dollar short, but I received the text below from former commissioner, Tom Brown, this morning regarding the proposed Riverside Village annexation. Thought I'd pass it along to you. Mike I understand the Planning Commission is considering a new annexation, ANX-2021-000003 Riverside Village. I feel this is an important opportunity to illustrate the importance of the Growth Concept Map (GCM) when evaluating the appropriateness of future annexations. I am concerned that the annexation and development of this 102 acre RPZD Project site will contribute to urban sprawl along the southeastern boundary of our City and threaten the environmental integrity of this potentially productive rural parcel that is located entirely within the boundaries of the Enduring Green Network. The natural features that dominate this property include: Hydric soils (wetland indicator). Floodplain soils. Prime farmland soils and soils of State significance. The property is located at the edge of our City over a mile and two thirds outside the Mayor's Box and well over a mile beyond the boundary of the pedestrian -shed of the nearest Tier Center located at the intersection of Crossover Road and Huntsville Road. The proposed construction of a small commercial node and 222 single-family housing units on this 101.77 acre property will result in a gross residential density of 2.18 housing units (HU) per acre, which is over twice the density permitted under the current County Zoning Ordinance (1 HU/Ac). Our recently adopted City Plan 2040 introduced a new land use policy tool; the Growth Concept Map (see attached GCM). The GCM "depicts, in broad terms, how Fayetteville should grow over the next 20 years". It identifies key growth nodes, corridors and major areas that should be conserved for natural resources and open space. The GCM and the location of the proposed annexation and development suggests that the long range land use policy interests of the City would be better served by encouraging mixed -use, medium to high -density, pedestrian -oriented development in the 38 Tier Centers strategically distributed throughout the City and served by transit. Mixed -use developments in these Tier Centers need to be designed to also draw owners and renters of affordable housing that would otherwise be attracted to greenfield single-family developments in the City's Planning Area. I hope the Planning Commision will agree and vote to recommend to the City Council to deny ANX-2021-000003 and focus efforts to fully implement the GCM. Get Outlook for iOS Received 11/15/2021 at 4:33 PM Added to Revised Agenda on 11/16/2021 Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Susan Raymond Address Ward Locate Your Ward Number Address* 3052 N.Hughmount Rd, Fayetteville Ex. 113 W Mountain St Phone Number Email Meeting Body* City Council Agenda Item C.3 2021-0853 ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK Number/Subject RD./RIVERSIDE VILLAGE) Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments This property should be within the city limits so that the city can manage the development of the land. Since the land is adjacent to the city "industrial park" and a city park is nearby, the city should guide the development of this land. The acreage borders the White River, so this is an environmentally sensitive area. Perhaps the decision a long time ago to place an industrial park along frontage of the White River was not a good environmental practice. I hope by annexing this property, the city can do more to protect this area. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) Added to Revised Agenda on 11/16/2021 minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 11/16/2021 at 8:44AM Added to Revised Agenda on 11/16/2021 From: Curth, Jonathan To: CityClerk Cc: Wes Subject: FW: ANNX 2021-03 Date: Tuesday, November 16, 2021 8:44:39 AM Good morning, Please forward the below to the City Council and Mayor. The message is from Jimm Garlock who sits on the Planning Commission and is in regards to Items C.3 and C.4 for Riverside Village on tonight's City Council Agenda. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas j curth(@fa)letteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube Forwarded message From: Wes <wesinfayCcDgmail.com> Date: Mon, Nov 15, 2021 at 5:32 PM Subject: ANNX 2021-03 To: Curth, Jonathan <icurth(@fayetteville-ar.gov> CC: Umberger, Ryan<rumberger(@fayetteville-ar.gov> Dear Mayor Jordan and City Council Members, I am concerned about the potential annexation and development of 102 acres on 2936 S. Black Oak Rd. The property is located on the edge of the city over 1.7 miles outside the "mayors box" and 3.5 miles from the closest tier 2 center(Crossover & Huntsville). The proposed construction of 250 single-family houses on this 101 acre property will result in twice the density permitted under current county zoning. The Adopted City 2040 Plan introduced a new land tool: the Growth Concept Map(GCM). This GCM depicts how Fayetteville should grow over the next 20 years. It identifies key growth nodes, corridors, and enduring green/natural spaces. The GCM encourages medium to high density, pedestrian oriented development in the 38 tier centers that are strategically spread throughout the city. These mixed use developments in tier centers are designed in order to attract owners and renters of affordable housing that would be otherwise attracted to enduring green networks on the perimeter of the city creating suburban sprawl. Added to Revised Agenda on 11/16/2021 The other objective measure is the dismal infill matrix score of 0-4. With the highest weighted score of 5. Please ask yourself where is the closest grocery store? Will children be able to walk to school from this area? Where is the cross connectivity for this annexation(White River to the east and industrial park to the north) No path to Combs Park but a neighborhood link street with asphalt paving and open ditches. Where is the closest public transportation? Affordable housing is a common problem across the country and is not unique to Fayetteville. Simply adding more housing on the peripheral of the city creates more issues down the road and not helping with affordable housing. Transportation cost and accessible amenities must be factored in to "affordable housing' costs. I'm not saying that this may not be a good annexation in the future. But the current land use map, infill score, and make up of land make it clear that this may not be the best time to Annex 2936 Black Oak Road into the City of Fayetteville. There is no rush to this annexation request. It is better to deny this request in that there are no other cities vying for it and a builder is not going to lose the financial upside. "fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land on the fringe of the City and developing it in a suburban, residential manner can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner." Please Deny ANNX 2021-3 and any RPZD. Thank you for your consideration. Respectfully, Jimm Garlock Received 12/7/21 12:26 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Jimm Garlock Address or Ward* Address Ward Locate Your Ward Number Address* 4548 Lofty WoodDrive Ex. 113 W Mountain St Phone Number Email wesinfay@gmail.com Meeting Body* City Council Agenda Item ANX 2021-003 Black Oak Road Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments I am opposed to the annexation of the 101 acres on Black Oak Road for many reasons. The biggest two reasons are: 1. This annexation is counter to the city's 2040 plan that the city Council approved. Attachment 1 2. The annexation is counter to the growth concept map that was also approved by the city council. Attachment 20 " Affordable housing is a problem in many major cities and not unique to Fayetteville. Adding more higher priced housing does not help solve an attainable housing problem. " Taking on the cost of maintaining a park on the edge of town is not fiscally responsible relative to the value added. Policing costs etc. (Unlike Underwood Park) An objective measure is the planning department's infill matrix score of 3. Schools, bus systems, and jobs are all going to be vehicle driven, counter to city's goals. 'The people speaking this evening have a financial interest or have been asked to speak on the the part of people with a financial interest. (My apologies on this last minute email but I'm going to be stuck in an airport and unable to phone in). Thank you in advance for your careful consideration. I asked that you Deny ANX 2021-03 (as it is suburban sprawl and does not align with the city's goals or bests interests. Respectful, Jimm Garlock Attachments 27606796-FEF8-45E9-BD5E-3F8A63AA9B64.jpeg 2.08MB 867CB34E-A9BE-4D59-8F23-2037E2C2168F.jpeg 1.58MB E2DD4E8A-0513-458C-B111-E1065C23D099.jpeg 1.72MB PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display WE WiLL MAKE APPROPRIATE INFILL AND REVITALIZATION OUR HIGHEST PRIORITIES Infilf is the development or redevelopment of mostly vacant and undeveloped property within thacity, This allows for population growth to occur near existing amenities and services without an Increase In car trips and drive time, which can lead to traffic congestion. Efforts by Fayetteville to encourage appropriate infill Include rezoning properties in the City's core to allow more residents and a mix of housing, stores, and offices In close proximity. iD A WE WILL DISCOURAGE SUBURBAN SPRAWL For decades, city planning practices featured a separation of land uses, grouping residential areas together away from commercial properties.' This led to suburban sprawl, where cars are necessary for residents to access work or shopping. In addition to adding to traffic congestion, sprawl places strain on public budgets, as cities are obliged to maintain more and more roads, water and sewer lines, and other services. To discourage sprawl, Fayetteville restricts the number of land annexations and the amount of land annexed, Density iJ reduces %p drive times WE WILL GROW A WE WiLL ASSEMBLE AN LIVABLE TRAN ORTATION , ENDURING GREEN NETWORK NETWORK Instead of focusing on vehicles, the City seeks to make streets more accommodating for pedestrians, cyclists, cars, and transit. In addition to funding new sidewalk and trail construction, Fayetteville contributes to the budget of Ozark Regional Transit, and has adopted development standards, like limitations on the length of blocks, that promote a livable transporta- tion network. The City has also set long-range goals like the establish- ment of a trail network to reach within Y2 mile of 97 % of residents. 010 wkanos Fayetteville's enduring green network is k envisioned as a system that binds together parks, i open space, trails, and other protected areas for ' the benefit of residents and visitors. Efforts by the City to create an enduring green network include �G everything from trail construction and rezoning sensitive environmental areas to limiting develop- ment, adopting a tree preservation ordinance, and acquiring large areas for parkland. • *,..,. WE WiLL MAKE TRADITIONAL TOWN F RM THE STANDARD Developing neighborhoods in a traditional town form means providing residents with walkable, compact communities where day -today needs can be met within walking distance. In an effort to make traditional town form the standard, Fayette- ville has changed the City code to include zoning districts that allow for a mix of residential, commercial, and office uses, and design standards that are oriented toward pedestrian use, WE WILL CREATE %0OPPORTUNITIES FOR 4 ATTAINABLE HOUSING Attainable housing typically refers to housing needed by those who make more than the income Iimitestablished for federal subsidies, but still struggle in the current housing market. The City has taken steps to increase opportunities to create a wider array of housing types. Examples of this are rezoning approvals for higher density development and different housing types, cost -sharing of infra- structure for affordable housing projects, and financial support for focal homeless programs. ., ..+ ........,wv tea uwa ■vaa. F: Supportive core) and 1/2 mile radius (Pedestrian -shed) of Tier 2 or 3 Centers the compatibility of a new development becomes the major issue when considering it's appropriateness. f Finally, the development pattern depicted in the Growth Concept Map reduces the need to develop greenfield projects in areas of high 'F. environmental value (within the boundaries of the Enduring Green Network) or in sprawl sensitive areas located near the outer edges of the City. Notes: * The 2040 Projected Population is 142,496 (say 143K). Source: City Plan 2040 p72. ** The 2040 Projected Population (142,496) minus the 2020 Projected Population (90,993) equals the Projected Population Growth of 51,503 (say 52K)it . ** The Transit Supportive Core has a 1/4 Mile R (or 1320 FT R) and the Area is 5,473,910 sf or 125.66 Ac. The Transit Supportive Density objective is 10 DU/Ac or 1257 DU's (less the existing DU count). The 1257 DU's X 2.2 Pop/DU**** equals a transit supportive population objective of 2,765.4 (say 2765). THE FAYETTEVILLE GROWTH CONCEPT MAP IS A TOOL THAT CAN HELP THE CITY MANAGE SEVERAL IMPORTANT PLAN OBJECTIVES. In the recent update of the Fayetteville City Plan a Growth Concept Map was developed and adopted. This new planning tool can help the City manage the affordable housing challenge and other important Planning Objectives. The Growth Concept Map delineates more than 30 Tier 2 & 3 Centers strategically placed throughout the City. Tier 2 & 3 Centers are intended to develop into mixed -use, urban nodes that are pedestrian oriented and developed at a residential density that supports transit. This higher density objective also supports the construction of affordable housing units. The City Plan 2040 projects a Fayetteville Population of over 142K* which represents a Population Growth of over 52K**. If the City is able to successfully build 20 of the Tier 2 & 3 Centers at a transit supportive density, by 2040, they will be able to accommodate the projected population growth.*** in a way all that supports affordable housing, mixed -use, walkability and density objectives. Th e development Pattern reflected in the (-,rnmith x Ate.— . - _.,r JOHNTHURSTON RECEIVED ARKANSAS SECRETARY OF STATE FEB 2 2 2022 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE February 17, 2022 The Hon. Becky Lewallen Washington County Clerk 280 N. College Ave Fayetteville, AR 72701 Re: City of Fayetteville Annexation Ordinance 6510 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:1/7/2022 County: Washington City: Fayetteville City Ordinance: 6510 Dated:l2/7/2021 County Court Order: 2021-16 Date Filed: 8/4/2021 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 Secretary of State. If you have any questions or concerns regarding this filing, please do not hesitate to contact our Office at 501-683-3717. Sincerely, Shantell McGraw Elections Division cc: Arkansas Geographic Information Systems Office (w/encl) Arkansas Department of Transportation Mapping 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/encl) The Hon. Kara Paxton, Fayetteville City Clerk/Treasurer (-vv/encl) State Capitol • Suite 256.500 Woodlane Street • Little Rock, Arkansas 72201-1094 501-682-1010 • Fax 501-682-3510 e-mail: arsos@sos.arkansas.gov • wwwsos.arkansas.gov Arkansas Secretary of State John Thurston Arkansas Secretary of State, 500 Woodlane Ave, Little.Rock, AR 72201-1094 w ?khANms Municipal Boundary Change Checklist Act 655 of 2017 and A.C.A. §14-40-103 County: Washington City/Town: Fayetteville City Ordinance/Resolution No: 6510 Date approved: December 7, 2021 County Court Case No:2021-16 Date Order Filed: August 4, 2021 Type: Annexation by Petition of all Landowners A.C.A. 14-40-609 Date Change Effective: January 7, 2022 Set by: QMunicipal Ordinance Q Emergency Clause QCourt (F)Defauit (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: Upheld® Overturned Q Other (attach explanation Please indicate which ward(s) the territory will be assigned to: Ward 1 Initiating party: (See A.C.A § 14-40-203) QAII Landowners O Majority Landowners ©Municipal Governing Body ©State ©Other Supporting Documentation attached (check all that apply): �✓ File marked copy of City Ordinance/Resolution (required) �✓ File marked copy of County Court Order or certified annexation election results (required exceptfor.4.C.A. ¢14-40-501) Rl Copy of Arkansas GIS approved printed map and certification letter (required) RV Proof of Publication for all Legal Notices (include Nearing, Election, and CityOrdinonce/Resolution notices) FV 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 Street Address: 113 West Mountain St. City: Fayetteville AR Zip code: 72701 Complete one form per ordinance/resolution, attach it as a cover page to the supporting documentset and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 65S of 2017 County O ial: Signature: Title: i (� Date: 1 T C Pursuant to Act 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 Arkansas Secretary of State use only Received by: Rev. 2/2019 WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444-1994 BECKY LEWALLEN County And Probate Clerk January 12, 2021 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 1R.eC,Ej yZzjD JAN 1 `8 2022 Secretary of state WASHINGTON COUNTY 0 STATE OF ARKANSAS V.—Washington County Courthouse ling }r2 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444-1994 BECKY LEWALLEN County And Probate Clerk CERTIFICATE OF COUNTY AND PROBATE COURT THE STATE OF ARKANSAS, COUNTY OF WASHINGTON. I, Becky Lewallen, County and Probate Clerk within and for the County and State aforesaid, do hereby certify that the annexed and foregoing is a true and correct copy of the entire file of an Annexation to Fayetteville. INT�WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal on This day of , 2022. County Clerk By:A(I I � 9" De ty Cou ty Clerk 4111'iNlllll'�I1I111�1�111�i1111111111i111lllfi�lllllll{�!llltil�fllll{1111111 Doc ID: 020299 1 10004 Type: REL Kind: ORDINANCE Recorded: 12/21/2021 at 09:24:00 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00048606 File Number: 2021-0853 Off OC:ET.rt 4 T q�AK 4 NS'�'� .. 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Ordinance: 6510 ARCHIVED ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK RDJRIVERSIDE VILLAGE): � Cr3 M AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION 77 PETITION ANX 21-003 SUBMITTED BY RAUSCH COLEMAN HOMES, INC. FOR PROPERTY LOCATED SOUTH OF 2936 SOUTH BLACK OAK ROAD CONTAINING APPROXIMATELY 101.77 ACRES , WHEREAS, Rausch Coleman Homes, Inc. has properly secured the Washington County Judge's authorization to annex 101.77 acres located south of 2936 South Black Oak Road into the City of Fayetteville. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas of about 101.77 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 101.77 acres to Ward One of the City of Fayetteville. Page 1 Printed on 1218/21 Ordinance: 6510 Fife Number: 2021-0853 PASSED and APPROVED on 12/7/2021 Attest: "K,,,Pn,,t,,., City Clerk Treasurer Page 2 Printed on 1216121 DocuSign Envelope ID: 15385CB4-3CA6-40D0-9F5A-D6C61B92AF5D 2U21 Cr -4 PM 1.25 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO.2021-15 ORDER CONCERNING ANNEXATION On this 4 h day August, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into 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: I . 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 fmds that the petition contains a schedule of services. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. C JOSEPH K. WOOD, COUNTY JUDGE DATED: Aug 4, 2021 1 12:59 PM CDT ANX-2021-000004 Riverside Village One Agile View f� Q 0 0.125 0.25 0.5 Miles Z o RSF=4 1` 1 I �♦ \ 1% 1 L---k-1---wj Subject Property L.w r t) a.n.. _ NE90fX11K WMr(!.lNQiY EXTRIIC110N Neighborhood Link �� clorxcut o� Planned Residential Link �- >•�� PONMWEDp7)7 M Shared -Use Paved TrailTrail <:V'a (Proposed)" City Limits ��') �A:VCY.�— -Fayetteville — — ____. :Pla- remv)roWKPlanning Area - ��:e FayettevilleCityLimig a..—......—. ANX-2021-000004 Riverside Village Close Up View , , 1 a �4Cko. - Neighborhood L nk Hillside -Hilltop Overlay District Planning Area L - t Fayetteville C-ity Limits - - - Trail(Propossd) Subject Property Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet RSF-4 Residential -Agricultural RSF-4 1-2 General Industrial P-1 Revised Map added 11/09/2021 12:43 PM ANX-2021-000004 Riverside Village . A& Future Land Use NORTH f I - T - Civic and Private ,Open Space esiden ` orhood Civic Z. Institutional I( - - - - - - - <qCk O o f Industrial , s i i Subject Property i f Rural Residential i atural i i i ; r r r r r r r i r i r M City Neighborhood M Civic Institutional Civic and Private Open Space Industrial Neighborhood Link Feet M Natural Planning Area Non -Municipal Government 0 220 440 880 1,320 1,760 - - -, Residential Neighborhood t- " _ i Fayetteville City Limits 1 inch - 600 feet C7 Rural Residential - - Trail (Proposed) m Urban Center Umberger, Ryan From: Wiederkehr, Mike Sent: Wednesday, October 13, 2021 12:27 PM To: Curth, Jonathan; Umberger, Ryan Subject: Annexation Public Comment Dear Jonathan and Ryan, It might be a day late and a dollar short, but I received the text below from former commissioner, Tom Brown; this morning regarding the proposed Riverside Village annexation. Thought I'd pass it along to you. Mike I understand the Planning Commission is considering a new annexation, ANX-2021-000003 Riverside Village. I feel this is an important opportunity to illustrate the importance of the Growth Concept Map (GCM) when evaluating the appropriateness of future annexations. I am concerned that the annexation and development of this 102 acre RPZD Project site will contribute to urban sprawl along the southeastern boundary of our City and threaten the environmental integrity of this potentially productive rural parcel that is located entirely within the boundaries of the Enduring Green Network. The natural features that dominate this property include: Hydric soils (wetland indicator). Floodplain soils. Prime farmland soils and soils of State significance. The property is located at the edge of our City over a mile and two thirds outside the Mayor's Box and well over a mile beyond the boundary of the pedestrian -shed of the nearest Tier Center located at the intersection of Crossover Road and Huntsville Road. The proposed construction of a small commercial node and 222 single-family housing units on this 101.77 acre property will result in a gross residential density of 2.18 housing units (HU) per acre, which is over twice the density permitted under the current County Zoning Ordinance (1 HU/Ac). Our recently adopted City Plan 2040 introduced a new land use policy tool; the Growth Concept Map (see attached GCM). The GCM "depicts, in broad terms, how Fayetteville should grow over the next 20 years". It identifies key growth nodes, corridors and major areas that should be conserved for natural resources and open space. The GCM and the location of the proposed annexation and development suggests that the long range land use policy interests of the City would be better served by encouraging mixed -use, medium to high -density, pedestrian -oriented development in the 38 Tier Centers strategically distributed throughout the City and served by transit. Mixed -use developments in these Tier Centers need to be designed to also draw owners and renters of affordable housing that would otherwise be attracted to greenfield single-family developments in the City's Planning Area. hope the Planning Commision will agree and vote to recommend to the City Council to deny ANX-2021-000003 and focus efforts to fully implement the GCM. Get Outlook for iOS ANX-2021-000004 Close U,? view J Neighboft od Link Hillside-Hiltop Overlay District Planning F rea Fayetteville City Limits Trail (Proposed) Riverside Village EXHIBIT 'A' RSF4 1 � 1 d ` \ : — — — — - — — — — — — . Subject Property Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet Residential-Agriculturai RSF-4 EM 1-2 General Industrial f P-1 ANX-2021-000003 EXHIBITS' PART OF THEE 1/2 OF THE SW 1/4 AND PART OF THESE 1/4 OF SECTION 26 AND PART OF THEW 1/2 OF THE SW OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 26; THENCE 1318.68 FEET EAST; THENCE 1164.14 FEET NORTH TO THE POINT OF BEGINNING, SAID POINT BEING AN IRON PIN IN THE CENTER OF COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63230; THENCE WITH SAID COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63202 AND DEED RECORD 93-63230 THE FOLLOWING FOUR COURSES: THENCE N42'03'46"W 124.60 FEET; THENCE N42°05'32"W 1129.42 FEET TO AN IRON PIN IN THE CENTER OF COUNTY ROAD #57; THENCE N42°20'42"W 370.42 FEET; THENCE N62'29'47"W 203.96 FEET TO THE CENTER OF COUNTY ROAD #57; THENCE LEAVING SAID COUNTY ROAD #S7 N84'22'16"E 334S.86 FEET; THENCE S35°11'30"E 711.40 FEET; THENCE N89'36'30"W 325.72 FEET; THENCE S00°02'30"E 234.00 FEET; THENCE SOO°02'30"E 903.16 FEET; THENCE N87936'30"W 1631.00 FEET; THENCE N07°55'50"E 292.33 FEET; THENCE S64°12'15"W 616.00 FEET TO THE POINT OF BEGINNING, CONTAINING 96.76 ACRES, MORE OR LESS AND SUBJECT TO SOUTH BLACK OAK ROAD / COUNTY S7 ALONG THE WEST AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT, City of Fayetteville Staff Review Form 2021-0853 Legistar File ID 11/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 10/29/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE, 682/683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. Account Number Project Number Budgeted Item? No Does item have a cost? Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance No Item Cost No Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 16, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner DATE: October 29, 2021 CITY COUNCIL MEMO SUBJECT: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE, 6821683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to annex the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in south Fayetteville off S. Black Oak Road, immediately south of Combs Park. The subject property is composed of four parcels, encompassing approximately 101.77 acres that lie within unincorporated Washington County. In terms of the natural features of the site, the property is undeveloped with most of the tree canopy present near the West Fork White River which generally forms the east boundary of the subject property. The eastern extent of the property is encumbered by the floodway and floodplain of the river. An unnamed protected tributary of the West Forte White River is present in the northeast quadrant of the property. Request: The request is to annex the subject area into the City of Fayetteville_ The applicant states that the annexation is warranted to provide additional residential housing stock to northwest Arkansas which they assert is facing substantial current and projected growth. The request letter suggests the annexation meets the City's guiding policies for annexations because the subject property is adjacent to City limits, the areas to be annexed include entire parcels, and that the property contain . sensitive areas which the City would benefit from protecting. An order of annexation was signed by the Washington County Judge on August 4, 2021. An associated request to rezone the property as a Residential Planned Zoning District is under consideration concurrently (RPZD-2021-000004). Public Comment. A member of the public wrote in opposition to the request. Their comments suggested the annexation and development of the site under the proposed RPZD would contribute to suburban sprawl and threaten the sensitive environmental features of the site. Two Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 members of the public spoke at the October 111" Planning Commission meeting: one in favor and one opposed. The member of the public who supported the annexation said the annexation would provide an opportunity to improve the shortage of affordable homes in Fayetteville. The neighbor who spoke in opposition indicated concerns with traffic, the presence of nearby floodplain, wildlife, and air quality and noise associated with the adjoining industrial park. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the property within the proposed annexation as an Industrial and Natural Area. Industrial Areas are areas where buildings by their intrinsic functions, disposition or configuration, cannot conform to one of the other designated areas and/or its' production process requires the area to be separated from other uses. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staffs report. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. If the land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. The proposed annexation would create a projection of City limits into unincorporated Washington County. While there are portions of the City's boundary that extend further south than the subject area, the subject property is bordered by Fayetteville's corporate limits only along the north property line. Areas in the City that extend further south are located roughly a linear mile in either direction of the subject area. Staff finds, though, that the proposed boundary is unlikely to cause confusion for service providers and residents. The annexation boundary aligns with existing property lines and the natural features of the site. Fayetteville Fire has an automatic aid agreement with Round Mountain Fire Department where both departments are dispatched in the event of a structure fire. The residence is currently connected to City water, but not City sanitary sewer. The nearest sanitary sewer main is located roughly 800 feet north of the subject area and an offsite extension will be required for future connection. Incorporating the subject area does not create any opportunities for additional connectivity per the 2040 Master Street Plan, though a planned off-street trail connection runs along the east property line through Combs Park to the north. Fayetteville Public Schools and the police department did not comment on the proposal. DISCUSSION: At the October 11, 2021 Planning Commission meeting the Commission elected to hear both the annexation and the associated planned zoning district in tandem. A vote of 8-1-0 forwarded the annexation request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Canada seconded. Commissioner Garlock voted no, finding the subject property to be too remote considering the low infill score and distance from services and a Tier Center as defined in City Plan 2040's Growth Concept Map. Commissioners in favor of the request suggested both the City and property would benefit from development of the site being subject to the City's ordinances, especially considering the sensitive environmental nature of the area. Other comments in favor of the request included the proximity of the property to a large employment center and the site's deceptively close proximity to downtown. Two members of the public spoke at the October 11t" meeting. The first was a representative of the sellers of the property who supported the proposal and discussed the shortage of affordable homes in Fayetteville. The second, a neighbor, did not indicate whether they opposed or supported the development but urged the Commission to consider their responsibility to protect the safety, heath, and welfare of the area. BUDGET/STAFF IMPACT: NIA Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report • Public Comment ANX-2021-000004 Riverside Village Close Up View { _ % i 1 jtr! - I i Neighbo-toodLinl, r Hillside -Hilltop Overlay District - i Planning Area L _ Fayette -Ale City Limits - - - Trail (Proposed) Subject Property Feet 0 220 440 880 1,320 1,760 1 inch = 600 feet RSF-4 --------1- t Q Residential -Agricultural RSF-4 Q 1-2 General Industrial P-1 PART OF THEE 1/2 OF THE SW 1/4 AND PART OF THESE 1/4 OF SECTION 26 AND PART OF THEW 1/2 OF THE SW OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 26; THENCE 1318.68 FEET EAST; THENCE 1164.14 FEET NORTH TO THE POINT OF BEGINNING, SAID POINT BEING AN IRON PIN IN THE CENTER OF COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63230; THENCE WITH SAID COUNTY ROAD #57, AS DESCRIBED IN DEED RECORD 93-63202 AND DEED RECORD 93-63230 THE FOLLOWING FOUR COURSES: THENCE N42°03'46"W 124.60 FEET; THENCE N42°OS'32"W 1129.42 FEETTO AN IRON PIN IN THE CENTER OF COUNTY ROAD 457; THENCE N42'20'42"W 370.42 FEET; THENCE N62°29'47"W 203.96 FEET TO THE CENTER OF COUNTY ROAD #57; THENCE LEAVING SAID COUNTY ROAD #57 N84'22'16"E 3345.86 FEET; THENCE S35'11'30"E 711.40 FEET; THENCE N89°36'30"W 325.72 FEET; THENCE SOO°02'30"E 234.00 FEET; THENCE SOO°02'30"E 903.16 FEET; THENCE N87°36'30"W 1631.00 FEET; THENCE N07°55'50"F 292.33 FEET; THENCE S64°12'15"W 616.00 FEET TO THE POINT OF BEGINNING, CONTAINING 96.76 ACRES, MORE OR LESS AND SUBJECT TO SOUTH BLACK OAK ROAD / COUNTY 57 ALONG THE WEST AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. 5, CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS .TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner MEETING DATE: October 11, 2021 SUBJECT: ANX-2021-000003: Annexation (SOUTH OF 2936 S. BLACK OAK RD_/RIVERSIDE VILLAGE, 682/683): Submitted by RAUSCH COLEMAN HOMES, INC. for properties located SOUTH OF 2936 S. BLACK OAK RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 101.77 acres. The request is to annex the properties into the Fayetteville City Limits. RECOMMENDATION: Staff recommends forwarding of ANX-2021-000003 to City Council based on the findings included within this report. RECOMMENDED MOTION: "I move to forward ANX-2021-000003 to the City Council, recommending approval." BACKGROUND: The subject property is in south Fayetteville off S. Black Oak Road, immediately south of Combs Park. The subject property is composed of four parcels, encompassing approximately 101.77 acres, that lie within unincorporated Washington County. In terms of the natural features of the site, the property is undeveloped with most of the tree canopy present near the West Fork White River which generally forms the east boundary of the subject property. The eastern extent of the property is encumbered by the floodway and floodplain of the river. An unnamed protected tributary of the West Fork White River is present in the northeast quadrant of the property. An associated planned zoning district (RPZD-2021-000004) is associated with the subject request. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Superior Industries Combs Park 1-2, General Industrial P-1. Institutional South Undeveloped Washington County East Undeveloped Washington County West Undeveloped Washington County Request: The request is to annex the subject area into the City of Fayetteville. The applicant states that the annexation is warranted to provide additional residential housing stock to northwest Arkansas which is regionally facing substantial current and projected growth. The request letter suggests the annexation meets the City's guiding policies for annexations because the subject property is adjacent to City limits, the areas to be annexed include entire parcels, and that the property contain sensitive areas which the City would benefit from protecting. An order of annexation was signed by the Washington County Judge on August 4, 2021, Additionally a request to rezone the property as a Residential Planned Zoning District is under consideration concurrently. Public Comment. Staff has received no public comment to date. INFRASTRUCTURE: Streets: The subject property has approximately 1,830 feet of frontage along the east side of S. Black Oak Road. This road is paved and approximately 23 feet wide, but is otherwise unimproved, and consists of open ditches on either side. Any street improvements required in these areas would be determined at the time of development proposal. It should be anticipated that a Traffic Impact Study (TIS) will be required at the time of development proposal. This TIS should identify impacts to nearby streets due to increased traffic. Water: Public water is available to the subject property. An 8-inch diameter City of Fayetteville water main is located along the east side of S. Black Oak Road near the property's frontage. Sewer: Sanitary sewer is not available to the subject property. A main extension would be required with a future development. The nearest sanitary sewer main is approximately % of a mile to the northwest at the intersection of S. Black Oak Road and E. Borick Drive. Drainage: A portion of the subject area ties within a FEMA floodplain, has hydric soils, and a protected stream is present in the area. No portion of the property is located within the Hillside -Hilltop Overlay District. The portion of the subject area within the FEMA floodplain will necessitate the need for a floodplain development review at the time of permit or plan submittal. This will restrict the type of development and impact allowed in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. floodplain is present throughout the entirety of the subject property. Hydric soils are also present on the subject property. They are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this state mentlreport indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the east side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The primary fire and EMS response for this area is covered by the Round Mountain Fire Department (RMFD). RMFD is located approximately 7.6 miles away. The property is also covered by the Fayetteville Fire Department under an automatic aid agreement with RMFD. Per the agreement, if there is a reported structure fire in this area, RMFD is dispatched as well as the Fayetteville Fire Department. The Fayetteville Fire Department will respond with two fire companies and one command unit. This is a reduction of fire companies that are dispatched within the city limits of Fayetteville where five fire companies and one command unit are on the initial dispatch of a reported structure fire. EMS calls, service calls or other emergency calls types in this area will only get the response of RMFD. Police: The Police Department did not comment on this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates the properties within the proposed rezone as Industrial and Natural Areas. Industrial Areas are those areas where buildings by their intrinsic functions, disposition or configuration, cannot conform to one of the other designated areas and/or its' production process requires the area to be separated from other uses. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 0-4. The high score translates to a weighted score of 5 at the highest level. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Water Main (8-inch main east of S. Black Oak Road) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Paved Trail (St. Paul Trail) 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 Finding: The proposed annexation would create a peninsula along the City's south boundary. While there are portions of the City's boundary that extend further south than the subject area, the subject property is bordered by Fayetteville's corporate limits only along the north property line. Areas in the City that extend further south located roughly a linear mile in either direction of the subject area. The proposed new city limit boundaries is unlikely to 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 south 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 or development to speak of. The subject area is composed of properties owned by two ownership groups. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries follow the property lines of the subject properties. The annexation boundary does not align with the boundary of the city to the east or west however, the boundary follows a natural corridor insofar as it borders the West Fork White River to the east. A planned off- street trail connection runs along the east property line. Incorporating the subject area does not create any opportunities for additional connectivity per the 2040 Master Street Plan. 12.3.5.e The provision of services should be concurrent with development. Finding: The subject area is adjacent to City water and the site is within acceptable response times of the Fayetteville Fire Department. Sanitary sewer is not available to the site and a main extension would be required with any proposed development. 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 subject area is undeveloped and natural. While portions of the property have significant mature tree growth, the majority is clear. No portion of the property is within the Hillside -Hilltop Overlay District, though floodplain, hydric soils, and a protected stream are present on -site. Floodplain is associated with the West Fork of the White River or its tributaries that feed in to Beaver Lake. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department's closest station is Station #3 (1050 S. Happy Hollow Road), located approximately 3.5 miles away from the subject area. The Fire Department did not provide an estimated response time. 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] Areas currently served by utilities and other public services should be annexed. Finding: Fire and police protection are currently provided immediately north of the subject property, but not to this address. The Fire Department has an automatic aid agreement with the Round Mountain Fire Department where both are dispatched if a structure fire is reported. The residence is currently connected to City water, but not City sanitary sewer. The nearest sanitary sewer main is located roughly 1,500 feet north of the subject area. 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: Public water service is adequate for connection and extension, and does not need to be upgraded because of this annexation. Sanitary sewer is not available to the subject area. An offsite extension will be required for future connection. Planning: The proposed annexation will likely lead to increased density in the area. By default, properties annexed into the city are designated as R-A which would significantly limit the developable potential of the site. If developed under the zoning requirements of the concurrently -requested PZD there will be a marked increase in both density and traffic. Given adjacency to S. Black Oak Road, a Neighborhood Link Street, 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: 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: The subject area and all of those around it are served by either Fayetteville water, sewer, or both. 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 subject area is included within the City's Future Land Use Plan and is designated as Industrial and Natural Areas. 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 the area under consideration for annexation. The request is to rezone the subject area to a Planned Zoning District. 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 appropriate development review process. No development proposal has been submitted at this time. 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. Signage was posted on the site informing surrounding neighbors of the annexation proposal. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a moderate size, totaling approximately 101 acres. The request would somewhat create a peninsula of incorporated City limits. 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 on the fringe of the City and developing it in a suburban, residential manner can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. RECOMMENDATION: Staff recommends forwarding ANX-2021-000003 to the City Council, recommending approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: October 11, 2021 Motion: Second: Vote: O Tabled 71 Forwarded CO Denied BUDGET/STAFF IMPACT: None Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 12.3 Annexation 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 protection 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 annexations 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 may become part of. the City when these annexation polices are met. Figure 12.15 - Fayetteville Annexation Map 'i 4-1 '4. --A". V r I ���� JJ%% V 1' �—ii•r� . � ,� � -.. f fie± . � f • .i De -Annexation (Removed from Fayetteville) Annexation 1870 1910 1930.1939 1940.1949 Q 1950.1959 1960.1969 0 1970-1979 1980-1989 ® 1990.1990 2000-2009 2010-Present 149 Annexation History and Trends The original town was incorporated in 1870 with approximately 1,100 acres. Since incorporation, the City has made almost 200 annexations, totaling over 34,000 acres. Annexation activity was relatively slow until the 1940's, when over 2,500 acres were annexed within 19 annexations. During the 1950's, almost the same number of annexations took place, however, the total land area annexed was significantly smaller than in the 1940's. By the 1960's. annexation 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 1990's, when the number of annexations tripled from the 1980's. By 2000, the City contained 45 square miles and by 2018 the City contained approximately 55 square miles. One indicator of the amount of developable land within the City is the number of people per acre. Prior to 1940 there were approximately 5.6 persons per acre. This era represents the time when Fayetteville was still relatively small and consisted primarily of what we would now consider the downtown and surrounding neighborhoods. By 1970, after numerous large annexations in the 1960's, the persons per acre had been reduced to 1.3. The City's population continued to increase dramatically through the 2000's when we maintained just over 2 people per acre from 2000-2010. An annexation referendum in October of 2006 for a large area along Wedington Drive on the west side of town brought in an additional 1,400 acres of low density land for eventual. development. Figure 12.16 - Fayetteville Town Plat .eny�s�,.q�•u4Ns'a}• '.�i \>ti.eit*� :R?TMP"'�$!' `?�"�.: �'�C; .Gd.(yM.,�+: '.k,i;,. � R Yt'.'t•;'�h`a'*�r t. -.f.R' �,nxa. •;a.,w e+.. ..�. „Te•... R.:!'.l t.. ,� r 1 H, '•i .Y I :A. ::1.. 4q /..: 'i. '�P,� �, r' ..t F Y • `tip • 1 � Q' C � 1 , {: a � �.. F�• "oW.S a ?:t'."< a•r• �. •tr. }' ..t ;•� }`'9,}f�<(y,°r:i, 4 t• ; ,:i., .% ' x,'•, Y.�+tt+i. �dy,�1^,��a�' G: Vic. „2,. � ..,E�Sf ,a, •�:�n .•if�� �a,��'• • .$ti, e'/. fk PM 1:. 1'. '9t.H � {�� ��((;; �' OF ��5t'�. t�. •. A%�Q'�.L', y� 7•� Y �, Syr � � 4. ..gyp i +cam 'S" • iI . �.^�. .L Pw :'�d;n;Y.�rs�:, i. ,4. ..-ate' ti ,..t.r ��' 1�`o!"r!�;�}f1a �'.�"7''S<� ;•;cj_ w�v_.� �x_„T.�,A;*�:�,t•f:�'!s:•. .�i ,�'^��,'.C,•\.�•'}f?+'�.i=�• %�•'C'�;•�r�i.}'�M1! L !' 1,/^� L' • S.• �. •� �'4 n, .•� � ,.y :1�g"i�J"..L'y:a-iy� - Y,'��'.� `y���� :b»...y tJ�!•Sl • .s. .%.� *� ^ ry'{ A: •.,yi • K'r ' fin• - •� 1.' •v1'V �, . . iti-,..h. ..�•'�n� x...i•.,.VlriS:hYaibkla'.nrd:s�A�1LkVii3�ri��•,s.1iMRS1'.Y..�4':.Y �'�.`�N... ®-•1.tt�'�'YiL.i..r1i87W'Y,Ir.�.T:...S'�fT.irMft..nrr'11nn w`1_.•.n.Y•�f••'� � �. • .� � . .u. � � State Statutes on Annexation 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 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 arc 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 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. Figure 12.17 - Great Seal of the State of Arkansas ,,...-�7,i�.Nr' f�+.t/�.y,y#�{�"f�x>+*" _ N.. `h ',"HrW.,y�' ��r wr!dki^.,w. yµ'.�''��•S �. '�w .Y'v. ,�, .. .. .. .. +c� S:�'� :�' R,. ,t '�' r4,'i{F�Y;:w v:rs"f� "Fs:.; .E"r a``��.f'." 'e;�., •� • + Y -1 "''.. �,.� ._......,._. ... _,... ",'>:�� _ �. � . .......... . . . .._ � .:+� ': ...� :� • ^ .. �...... �,� ...-:.,w..:�... .. -.. _.. :,ram'• , � , Property owners in areas contiguous and adjacent to the 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 acreage affected. 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 that 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. Annexation Guiding Policies Boundaries • Annex existing islands and peninsulas and do not annex areas that would create an island Proposed annexation area must be adjacent, or contiguous, to city limits. Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Boundaries for annexed areas should follow natural corridors. The provision of services should be concurrent with development. Environmentally Sensitive Areas • Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Fmergencv and Public Services • Public services must be able to be provided efficiently in newly annexed areas. • Annexed areas should receive the same level of service of areas already in the city limits. • The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. {.t:, :. r�7.. Q.a.c...-c-,}K� �-`? T.�•a cw.l,•� - .'r:.�nf:-x•.aa -_y:` -��' ,}: 'ibis'; :•:`:� }� '�:�1.i wm r� t 1-ra r •t c e, 1 J:. 4 Infrastructure and Utilities • Areas currently served by utilities and other public services should be annexed. • Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. • Phased annexation should be initiated by the City within the active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations • Promote long-range planning with adjacent jurisdictions. • Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations • Develop a land use plan for annexation initiated by the City. • Designate zoning districts for property during the annexation process. • An annexation study should be completed on all annexation proposals. • Development proposals require a separate review from the annexation proposals. • Residents should be fully informed of annexation activities. • Encourage larger annexations to create acceptable boundaries. • Conduct a fiscal impact assessment on large annexations. August 26, 2021 Jessie Masters City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: Armstrong Road Annexation and Planned Zoning District — Riverside Village Please accept this letter as a request to annex four parcels, containing approximately 101.77 acres, into the Fayetteville City limits. Additionally, we are requesting rezoning of the subject property to Planned Zoning District. The subject properties are located on Black Oak Road, are currently undeveloped, and historically been used as hay fields. The West Fork of the White River is located along the east boundary of the properties. Even though the property is outside of the city limits, the property is in a very convenient location. Downtown and the University Campus are only 3 miles away and Happy Hollow Elementary is about 2.5 miles away. Additionally, there are multiple parks in the area, including Walker Park, Combs Park, and White River Park, as well as Saint Paul Trail, which is planned to be connected to the Razorback Greenway and Town Branch Trail by 2026. Fire Station 43 is located less than 2 miles from the property. Utilities are also present. There is an existing 8-inch water fine adjacent to the site and an 8-inch sewer line, just north of the property. There is an existing utility easement in place that can used to make the sewer connection. Upgrades to these utility lines are not expected. The property itself has many unique properties, including the White River and associated floodplain, forest, fields, and a small creek that bisects the property. The associated site plan, which is being submitted as a Planned Zoning District, has been laid out to account for these important environmental features. Also, included with this submittal is a delineation study of Waters of the United States. Consistent with the principles of a conservation subdivision, Riverside Village has been designed to: preserve native vegetation and tree canopy, protect, and preserve unique environmental resources, conserve open space, protect areas of significant riparian benefit and encourage recreation and exploration of environmental resources. River frontage is a great amenity for this property and future residents, but the layout was formed around a much smaller feature. Bisecting the property, is a small intermittent stream that is flanked on either side by a variety of trees and shrubs, including red cedar, sassafras, oaks, and blackberries. On either side of the tree line, a walking trail will be constructed, establishing the western portion of the trail system. This trail system will also serve as access to the front doors for many of the homes. Along the north property, there are two more intermittent streams that run through the trees. The entire north property line is being preserved to protect these streams and provide a natural buffer from the nonresidential land uses north of this site. Along Armstrong Road, a wide greenspace will remain in place to serve as a buffer from the street and to provide open space for the rear -loaded homes at the entrance. One unique aspect of this project is the various parking locations scattered throughout the project. There are approximately 57 lots that do not have direct street frontage, for on -street parking. Rather, these lots are alley -loaded and face onto common greens, pathways, or forest preserves. The parking pods are offered in strategic locations to provide guest parking for these residences. Additionally, a cottage development of approximately 11 units is being proposed. These units will be situated around a common green space and will have a trail system that connects to the larger, neighborhood trail system. These units will be subject to the cottage development ordinance. The goal of this development is to have a variety of housing styles and sizes and a wide range of price points that are appealing and affordable to a range of families. Additionally, the development will provide many options for outdoor recreation, including a series of connected trails, access to woods, fields, and the West Fork of the White River. According to the City's trail construction schedule, the St. Paul Trail will be built out and connected to the Razorback Greenway by 2026. The planned trail connection is just north of this property and provides an excellent opportunity to connect this community to the broader community. This project complies with most of the goals of City Plan 2040.The design is based on common principles of a conservation subdivision, by preserving open space, forests, and other natural resources. The project is surrounded on three sides by greenspace. The location of the subject property, while outside of the City limits, is very close to downtown Fayetteville and thousands of jobs. Pedestrian improvements within the subdivision and upcoming trail improvements from the City of Fayetteville Trails Department, will make this area extremely walkable and within close proximity to jobs and parks. The project is very connected and compact, while also respecting many of the natural features of the property. Housing is a mixture of front and rear loaded homes, to respond to a wide variety of market needs. House sizes will vary in size from 1,100 square feet to 2,400 square feet, providing a range of house sizes and prices. Every home will have convenient access to trails, park land and open space. Future commercial uses have also been contemplated. The area at the northwest corner of the property is being reserved for future commercial use. It's doubtful that a commercial business is viable in this location today. However, in several years when the project is fully developed and tied into the trail system, a combination of homeowners and employees in the area could prompt the need for services in the area. Walking and future trail access is very important component of this development plan. Approximately, 4,500' of walking trails are proposed for this development. We are also working with the Trails Coordinator to ensure a connection to the trail system when the St. Paul Trail is completed. Interior streets will have on -street parking, street trees and sidewalks, creating a welcome environment for pedestrians. Greenspace, tree preservation and outdoor recreation are at the heart of the Riverside Village concept. Homes are surrounded by open space and trees. Tree preservation will also far exceed minimum requirements. Trails are provided throughout the project, so that every resident can walk, run, or ride a bike and enjoy the outdoors. Access to the river is also being provided, so that residents can fish, or kayak. Regarding annexation policies, the subject property is adjacent to the city limits; the areas to be annexed include entire parcels and do not exclude any property; the boundaries follow the property lines; the properties do contain sensitive environmental areas and should therefore be annexed to protect these areas during development; public services are available to serve the property; utilizes are at are adjacent to the property; and upgrades to these utilities are not expected. The fact is, Fayetteville and Northwest Arkansas as a region need more housing. Specifically, housing that is priced for modest wage earners. According to Our Housing Future: A Call to Action for Northwest Arkansas, which was prepared by the Walton Family Foundation, there are nearly 80,000 families projected to move to Northwest Arkansas' four largest cities by 2040. Approximately half of the new homes that will be needed must serve workforce households earning $33,000-$78,000. The City of Fayetteville can impact certain housing, particularly by financially supporting institutions and non -profits. However, none of the cities in the region can meet the overwhelming demand for new housing, particular at an affordable price point. This must be addressed by the private sector. This development provides an opportunity to provide new housing, in a location that is convenient to jobs, downtown, the trail system, and will provide outdoor recreational opportunities for residents. Sincerely, _ IV Jesse Fulcher AUUCU LU riCY15CU A CItUd V1I 11/ 101 LVG1. Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Susan Raymond Address or Ward'Address Ward Locate Your Ward Number Address 3052 N.Hughmount Rd, Fayetteville Ex. 713 W Nlau[,!am S! Phone Number Email Meeting Body* City Council Agenda Rem C.3 2021-0853 ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK Numberl3ubject RD./RIVERSIDE VILLAGE) Please dirk the :ink 5etov !c navigate io the agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Commerts This property should be within the city limits so that the city can manage the development of the land. Since the land is adjacent to the city "industrial park" and a city park is nearby, the city should guide the development of this land. The acreage borders the White River, so this is an environmentally sensitive area. Perhaps the decision a long time ago to place an industrial park along frontage of the White River was not a good environmental practice. I hope by annexing this property, the city can do more to protect this area. Attachments Poi: preier,ed Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment ata City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they Nvish to address being opened for public comment. Speakers shall be limited to a maximum of five (S) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three () lttinuw,,. The {. ily Council may .1!low ]loth a .,pc!ik%r additiorml Ome mid do tinsigned-Up person l() spcak by unanimotis consent or majorit, voic Courtesy and Respect. Ail members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. Alt shall refrain from rude or derogatory remarks. reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be Ruled cut of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Received 11 / 16/2021 at 8:44AM Added to Revised Agenda on 11/16/2021 From: Curth Jonathan To: CityClerk Cc: Wes Subject: FW: ANNX 2021-03 Date: Tuesday, November 16, 2021 8:44:39 AM Good morning, Please forward the below to the City Council and Mayor- The message is from Jimm Garlock who sits on the Planning Commission and is in regards to Items C.3 and C.4 for Riverside Village on tonight's City Council Agenda. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth(@fayetteville-ar.gov 479.575.8308 Website 1 eb ok I Twitter I Youtube ---------- Forwarded message --------- From: Wes <wesinfay( gmaiI.com> Date: Mon, Nov 15, 2021 at S:32 PM Subject: ANNX 2021-03 To: Curth, Jonathan <icurth( faye teville-ar.gov> CC: Umberger, Ryan <rumberger(@fayetteville-ar.g_ov> Dear Mayor Jordan and City Council Members, 1 am concerned about the potential annexation and development of 102 acres on 2936 S. Black Oak Rd. The property is located on the edge of the city over 1.7 miles outside the "mayors box' and 3.5 miles from the closest tier 2 center(Crossover & Huntsville). The proposed construction of 2S0 single-family houses on this 101 acre property will result in twice the density permitted under current county zoning. The Adopted City 2040 Plan introduced a new land tool: the Growth Concept Map(GCM). This GCM depicts how Fayetteville should grow over the next 20 years. It identifies key growth nodes, corridors, and enduring green/natural spaces. The GCM encourages medium to high density, pedestrian oriented development in the 38 tier centers that are strategically spread throughout the city. These mixed use developments in tier centers are designed in order to attract owners and renters of affordable housing that would be otherwise attracted to enduring green networks on the perimeter of the city creating suburban sprawl. Added to Revised Agenda on 11/16/2021 F The other objective measure is the dismal infill matrix score of 0-4. With the highest weighted score of 5. Please ask yourself where is the closest grocery store? Will children be able to walk to school from this area? Where is the cross connectivity for this annexation (White River to the east and industrial park to the north) No path to Combs Park but a neighborhood link street with asphalt paving and open ditches. Where is the closest public transportation? Affordable housing is a common problem across the country and is not unique to Fayetteville. Simply adding more housing on the peripheral of the city creates more issues down the road and not helping with affordable housing. Transportation cost and accessible amenities must be factored in to "affordable housing'' costs. I'm not saying that this may not be a good annexation in the future. But the current land use map, infill score, and make up of land make it clear that this may not be the best time to Annex 2936 ,Black Oak Road into the City of Fayetteville. There is no rush to this annexation request. It is better to deny this request in that there are no other cities vying for it and a builder is not going to lose the financial upside. "fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land on the fringe of the City and developing it in a suburban, residential manner can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner." Please Deny ANNX 2021-3 and any RPZD. Thank you for your consideration. Respectfully, Jimm Garlock Xeceived 1Z1//2.1 12:26 FM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meating. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Jimm Garlock Address ar Ward* a Address Ward Locate Ycur Ward Number i Address" 4548 Lofty WoodDrive Fr:- 113 Oa tlounta,n St Phone Number Email wesinfay@gmaii.com Meeting Body* City Council Agenda Item ANX 2021--003 Black Oak Road Number/Subject Please click [Wink, Detow f ; ^av j,are to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments I an, opposed to the annexation of the 101 acres on Black Oak Road for many reasons. The biggest two reasons are: 1. This annexation is counter to the city's 2040 plan that the city Council approved. Attachment 1 2. The annexation is counter to the growth concept map that was also approved by the city council. Attachment 2&3 Affordable housing is a problem in inany major cities and not unique to Fayetteville. Adding more higher priced housing does not help solve an attainable housing problem. ' Taking on the cost of maintaining a park on. the edge of town is not fiscally responsible relative to the value added. Policing costs etc. (Unlike Underwood Park) ' An objective measure is the planning department's Will matrix score of 3. Schools, bus systems, and jobs are all going to be vehicle driven, counter to city's goals. 'The people speaking this evening have a financial interest or have been asked to speak on the the part of people with a financial interest. (My apologies on this last minute email but I'm going to be stuck in an airport and unable to phone in). Thank you in advance for your careful consideration. I asked that you Deny ANX 2021-03 (as it is suburban sprawl and does not align with the city's goals or bests interests. Respectful. Jitnm Garlock Attachments 27606796-FEF8-45E9-BD5E-3F8A63AA9864.jpeg 2.08MB 867 CB34E-A9BE-4D59-8F23-2037E2C2168F.ipeg 1.58MB E2DD4E8A-0513-458C-B111-E1065C23D099.jpeg 1.72MB Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public commenr at a Citv Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being, opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unaniniou.s consent or majority rote. 11'public comment is allowed for an amendment. speakers will only be allowed to speak for Ihrce (3) minute,. The City Council may allow both a speaker additional timw and an unsigned -up person to speak by unanimous consent or tnaionty vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium, Enter the text you want this field to display WE WILL MAKE APPROPRIATE INFILL# ANi? REVITALIZATION OUR HiGHEST PRIORITIES Infill is the development or redevelopment of mostly vacant and undeveloped property within the city This allays for population growth to occur near existfng amenities and services without an Increase In car trips and drive time, which can lead to traffic congestion. Efforts by Fayetteville to encourage appropriate! Infill Include rezoning properties In the City's core to allow more residents and a mix of housing, stores, and offices In dose proximity. •__ J Yok "A' R01'.1 WO WILL DiSCOURAGE[ SUBURBAN SPRAWL For decades, city planning practices featured a separation of land uses, grouping residential areas together away from commercial properties. This led to suburban sprawl, where cars are necessary for residents to access work or shopping. in addition to adding to traffic congestion, sprawl places strain on public budgets, as cities are obliged to maintain more and more roads, water and sewer lines, and other services. To discourage sprawl, Fayetteville restricts the number of land annexations and the amount of land annexed. J--� Density r.duces drive times WE WiLL GROW A WE WILL ASSEMBLE AN LIVABLE TPA ORTATION ID ENDURiNG GREEN NETWOR NETWORK instead of focusing on vehicles, the City seeks to make streets mere accommodating for pedestrians, cyclists, cars, and transit. In addition to funding new sidewalk and trall construction, Fayetteville contributes to the budget of Ozark Regional Transit, and has adopted development standards, like iImitatlons on the length of blocks. that promote a livable transporta- tion network. The City has also set long-range goals like the establish- ment of a trail network to reach within % rrttie of 97 % of residents. ~m* l r.. Fayetteville's enduring green network Is F envisioned as a system that binds together parks, open space, tral Is, and other protected areas for the benefit of residents and visitors. Efforts by the City to create an enduring green network include everything from trail construction and rezoning sensitive environmental areas to Ilmlting develop. ment, adopting a tree preservation ordinance, and acquiring large areas for parkland, WE WILL MAKE 4 l TRADITIONAL. TOWN ' F RM THE STANDARD Developing neighborhoods in a traditional town form means providing residents with walkable* compact communities where day -today needs can be met within walking distance. In an effort to make traditional town form the standard. Fayette- ville has changed the City code to Include zoning districts that allow for a mix of residential, commercial, and office uses, and design standards that are oriented toward pedestrian use, � tit IDWE WILL CREATE OPPORTUNITIES FOR ATTAINABLE HOUSiNG Attainable housing typically refers to housing needed by those who make more than the income limit established for federai subsidies, but still struggle In the current housing market The City has taken steps to Increase opportunities to creatc a wider array of housing types. Examples of this are rezoning approvals for higher density development and different housing types, cost -sharing of In" - structure for affordable housing projects, and financial support for local homeless programs. .` ■11■ till 11 �:�I■ 7juppm7Rre--carel-a'nci"i7z- iiu,ra s-(,Pedestrldr�shed') of Tier 2 or 3— 'Centers the compatibility of a new development becomes the major issue when considering it's appropriateness. Finally, the development pattern depicted in the Growth Concept Map reduces the need to develop greenfield projects in areas of high environmental value (within the boundaries of the Enduring Green Network) or in sprawl sensitive areas located near the outer edges of the City. Notes: * The 2040 Projected Population is 142,496 (say 143K). Source: City Plan 2040 p72. ** The 2040 Projected Population (142,496) minus the 2020 Projected Population (90,993) equals the Projected Population Growth of 51,503 (say 52K). *** The Transit Supportive Core has a 114 Mile R (or 1320 FT R) and the Area is 5,473,910 sf or 125.66 Ac. The Transit Supportive Density objective is 10 DU/Ac or 1257 DU's (less the existing DU count). The 1257 DU's X 2.2 Pop/DU**** equals a transit supportive population objective of - 2,765.4 . (sav 27651. THE FAYETTEVILLE GROWTH CONCEPT MAP IS A TOOL THAT CAN HELP THE CITY MANAGE SEVERAL IMPORTANT PLAN OBJECTIVES. In the recent update of the Fayetteville City Plan a Growth Concept Map 'n tool can help the City was developed and adopted. This new planning o p Y manage the affordable housing challenge and other important Planning Objectives. The Growth Concept Map delineates more than 30 Tier 2 & 3 Centers strategically placed throughout the City. Tier 2 & 3 Centers are intended to develop into mixed --use, urban nodes that are pedestrian oriented and developed at a residential density that supports transit. This higher density objective afso supports the construction of affordable housing units. The City Plan 2040 projects a Fayetteville Population of over 142K* which represents a Population Growth of over 52K**. If the City is able to successfully build 20 of the Tier 2 & 3 Centers at a transit supportive density, by 2040, they will be able to accommodate all the projected population growth!" in a way that supports affordable housing, mixed -use, walkabili tY and - densi _Thb e - - - - - - - - -density ob�ectrves-.� ��„��„�,►�,.,.. Democrat �� 7 :F(: ...;}-T'T';4'�.kti 37Z1;' .'-1 0-,'-I: AY. 9•aS�'il5• 1''.7Y!'k.""'O AFFIDAVIT OF PUBLICATION 1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas' Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6510 Was inserted in the Regular Edition on: December 12, 2021 Publication Charges: $118.56 Brittany Smith Subscribed and sworn to before me This 13 day of -pt c_, 2021. i Notary Public My Commission Expires: Z1.1'.04 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton CoijN'ry NOTARY PUBLIC - ARKANS My Commission Expires 02-21,-2G2t Commission No. 1239 r' 1 _3 OTdinwtce. 6510 File Number: 2021-0853 ANX-2021-003 (SOUTH OF 2936 S BLACK OAK RDJRIVERSIDE VILLAGE): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21- 003 SUBMITTED BY RAUSCH COLEMAN HOMES. INC FOR PROPERTY LOCATED SOUTH OF 2936 SOUTH BLACK OAK ROAD CONTAINING APPROXIMATELY 101.77 ACRES WHEREAS, Ratach Coleman Homes, Inc. has property secured the Washington County Judges authorization to annex 101.77 acres located south of 2936 Sousa Blade Oak Road into the City of Fayetteville. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. Section I : That the City Council of the City of Fayetteville. Arkansas hereby confirms the attrtexation to the City of Fayrneviilt, Arkansas of about 101.77 acres as described in tadtibit B and the Wrap shown on Exhibit A. both attached to the Ptarmmg Department's agenda Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly arwxxod property R-A. Residential Agricultural. Sea ion 3: That the City Council of tlx: City of Fayetteville, Arkansas hereby amends ute olTciaa map and zoning map of the City of Fayetteville to recognize this wu=vdion. Section 4. Tbat the City Council of the City of Fayetteville, Arkansas hereby asstlpts ihts 101.77 acres to Ward One of the City of Fayetteville. PASSED and APPROVED on 1217120CI Approved: Lioncid Jordan, Mayor Attest: Kara Paxton. City Clerk Treasures Paid for by. The City Clerk -Treasurer o the City ofFayetteville. Arkansas. Amount paid: $118.56.. 75498687 12li2f21 1 DocuSign Envelope ID: 15385CB43CA6-40Do-9f-=61692AM 2021 AUG -4 PM 1: 25 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXING TO F,�. 'i i' ;; i ► i;'1 THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN TERRITORY CONTIGUOUS CC NO.2021-16 ORDER CONCERNING ANNEXATION On this 4`h day August, 2021, of a regular term of the County Court of Washington County, Arkansas, there is presented a petition of an owner desiring the annexation of territory into 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. Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. DocuSiQned by: F JOSEPH K. WOOD, COUNTY JUDGE DATED: Aug 4, 2021 1 12:59 PM CDT Fij- f?7,q Democrat - age tg4ZC#X ,. .V i(L_ ! P .-.%i - 47: ':1-17C,C - FAX 1.0:�.)-`I b' W ti- W V.-V I-D. C 41 AFFIDAVIT OF PUBLICATION 1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6510 Was inserted in the Regular Edition on: December 12, 2021 Publication Charges: $118.56 64 S11* Bri- Smith Subscribed and sworn to before me This (3day of -p>tt✓, 2021. Notary Public My Commission Expires: ZW-Z4 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC - ARKANSAS My Commission Expires 02-20-2024 Commission No. 123971-013 Ordinance: 6510 File Number: 2021-0853 ANX-2021-003 (SOUTH OF 2936 S. BLACK OAK RD./RIVERSIDE VILLAGE): AN ORDINANCE TO ANNEX THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 21- 003 SUBMITTED BY RAUSCH COLEMAN HOMES, INC. FOR PROPERTY LOCATED SOUTH OF 2936 SOUTH BLACK OAK ROAD CONTAINING APPROXIMATELY 101.77 ACRES WHEREAS, Rauseh Coleman Homes, Inc. has properly secured the Washington County Judge's authorization to annex 101.77 acres located south of 2936 South Black Oak Road into the City of Fayetteville. 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 confirms the annexation to the City of Fayetteville, Arkansas of about 101.77 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 101.77 acres to Ward One of the City of Fayetteville. PASSED and APPROVED on 12/7/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by: The City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $118.56.. 75498687 12/12/21