Conway council approves annexation of 43.05 acres on Sturgis Road after legal review of contiguity

The Conway City Council voted 7-0 Monday to annex 43.05 acres on Sturgis Road into Conway city limits, approving an initial R-1 zoning designation for single-family subdivision development.

City Attorney Charles Finkenbinder told the council the legal question before members was contiguity. "A city council is never required to annex property. Never," Finkenbinder said, and walked members through Arkansas case law used to interpret the contiguity requirement.

Finkenbinder compared two Arkansas Supreme Court precedents that guide contiguity determinations and said the Sturgis Road property looks more like the precedent that found a road connection sufficient. He said the parcel’s connection to the city by a road and the owners’ written dedication of the right-of-way weigh in favor of contiguity.

Applicant Mitch Hart told the council the contiguity concern was the only outstanding issue and that he wants to proceed quickly now that the legal opinion is favorable. The council noted the planning commission had voted to send the annexation to the council with approval at its January meeting.

The annexation request also included coordination with the county: Conway staff said the county judge provided a letter releasing the relevant county land and that property owners on either side of the 1,100-foot stretch of Sturgis Road agreed in writing to dedicate the right-of-way to the city.

Councilmembers asked clarifying questions about the right-of-way and the planning review; no amendments or conditions were added at the vote. The council adopted the ordinance (O-25-19) to annex the property and set the zoning as requested. The motion passed 7-0.

The applicant indicated no development plan had been submitted at the time of the vote; the council and staff said future subdivision plans and any infrastructure requests would return for review under the city’s normal development and permitting process.

Planning and legal background provided at the meeting referenced Arkansas annexation law, including Vestal factors and the Arkansas Supreme Court’s treatment of contiguity, and staff said Conway Corporation supports the annexation because it would permit service provision during development rather than after a later annexation.

Council action Tuesday completes the annexation ordinance approval stage; no timeline for recording or developer submittal was given during the meeting.