HomeMy WebLinkAboutOrdinance 4782 EXHIBIT "A"
R-PZD 04-1181
A part of the Southeast Quarter (SEI/4) of the Northwest Quarter (NW 1 /4) and a part of
the Northeast Quarter (NEI /4)of the Southwest Quarter (SW 1 /4), all in section 24,
Township 16 North, Range 31 West, Washington County, Arkansas and being more
particularly described as follows:
BEGINNING at the Southeast comer of said Southeast Quarter (SEI /4) of the Northwest
Quarter (NW1 /4); thence along the East line of said Northeast Quarter (NE 1 /4) of the
Southwest Quarter (SW 1 /4), South 0°02'50" East - 299.40 feet; thence South 68°42'22"
West - 446.64 feet; thence South 56°56' 13 " West - 43 .00 feet; thence South 79°44' 13 " West -
39.40 feet; thence North 0° 16'43 " West - 492.58 feet to a point on the South line of said
Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along said South line,
North 89°56'29" West - 821 .53 feet to the Southwest corner of said Southeast Quarter (SE
1 /4) of the Northwest Quarter (NW 1 /4); thence along the West line of said Southeast
Quarter (SE 1 /4) of the Northwest Quarter (NW 1 /4), North 0025'44" West - 1315 .86 feet to
the Northwest corner of said Southeast Quarter (SE 1 /4) of the Northwest Quarter (NW 1/4);
thence along the North line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW
1 /4), South 89°46'28" East - 825 .00 feet to an iron pipe; thence South 0' 16'43 " East - 60.00
feet; thence South 89046'28" East - 479.02 feet to a point on the East line of said Southeast
Quarter (SE 1 /4) of the Northwest Quarter (NW 1 /4); thence along said East line, South
0055'25" East - 1252.20 feet to the POINT OF BEGINNING, containing 43 .30 acres, more or
less.
Washington County, AR
I certify this instrument was filed on
11 /15/2005 01 :05:40 PM
and recorded in Real Estate
File Number 2005-00051310
Bette StampS, - Circuit Clerk
by
City of Fayetteville
Staff Review Form 417
City Council Agenda Items �y v 0 �
or —/'G
Contracts , , /Q/�N -
18-Oct-05 W
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required :
ADM 05- 1744: (Walnut Crossing R-PZD): Submitted by Kim Hesse of Rausch Coleman Homes, LLC for property located
north of Hwy 62, east of Farntington.The property is zoned R-PZD 04- 118 1 , and contains approximately 52.98 acres. The
request is to amend the side setbacks in the approved Residential Planned Zoning District plans.
$0.00 n/a n/a
_ Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Dilrector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
I Received in City Clerk's Office
� A "
Finance and Internal Service Director Dat
Received in Mayor's Office ENTERED
10
Mayor Date
Comments:
• City Council Meeting of October 18, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: September 29, 2005
Subject: Amendment to Walnut Crossing Planned Zoning District (ADM 05- 1744)
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending the Walnut Crossing
Planned Zoning District, to allow for reduced side setbacks within the proposed lots to
five feet total on each side, with a minimum separation of ten feet between buildings.
BACKGROUND
Project Description: The approved Residential Planned Zoning District for Walnut
Crossing is a rezoning and preliminary plat approval for a single family and cluster home
development consisting of 136 single family lots and 59 cluster homes (two-family
dwelling units). A 5 .02-acre public park is planned, as well as a large tree preservation
area along the floodplain of the creek.
Background: The original R-PZD for this site was recommended for approval to the City
Council with a unanimous vote by the Planning Commission on September 27, 2004,
with all conditions as stated by staff. Numerous determinations were made by the
Planning Commission as well, and are reflected in the attached staff report. The City
Council approved R-PZD 04- 1181 on November 16, 2004, with those conditions. Zoning
criteria, as well as development approval, were proposed and accepted with the approval
of the Planned Zoning District, including building setbacks.
Proposal: As depicted on the drawings included in this report, the applicant requests to
modify the submitted plans for the development associated with this project, to reflect a
modified building side setbacks for all lots in question. There are two areas in question,
known as the "Residents" and the "Villas." Within the "Residents" (lots 1 -67), the
request is to modify the approved 7.5-foot side setbacks to 5-foot side setbacks, reducing
the overall distance between structures from 15 feet to 10 feet. Within the "Villas" (lots
68- 136), the request is to modify the approved 5-foot side setback on one side and I0-
foot side setback on the other to 5 feet on both sides, essentially creating the same 10-foot
separation distance between structures as within the "Residents." These zoning criteria
modifications are requested in order to provide for a larger, wider home product in order
for the development to be successful, according to the applicant' s letter of request .
City Council Meeting of October 18, 2005
Agenda Item Number
DISCUSSION
This item was forwarded with a recommendation for approval by the Planning
Commission on September 26, 2005 with a vote of 6-0-0. No public comment was
received.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL
PLANNED ZONING DISTRICT ENTITLED R-PZD 04-
1181 , WALNUT CROSSING, LOCATED NORTH OF
HWY 62 AND EAST OF FARMINGTON, CONTAINING
APPROXIMATELY 52 .98 ACRES, MORE OR LESS, TO
REFLECT REVISED SIDE SETBACKS AS DESCRIBED
AND DEPICTED HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the change in side setbacks to five feet from 7.5 feet and 10
feet, respectively, is hereby approved and reflected in the Planned Zoning District
approval zoning criteria for R-PZD 04- 1181 .
Section 2. That the approvals and conditions for R-PZD 04- 1181 (Walnut
Crossing) as passed and approved by the City Council on November 16, 2004 with
Ordinance #4639 shall not be modified in any way with the exception of the revisions to
side setbacks as described and depicted herein.
Section 3. That this ordinance shall take effect and be in full force at such
time as all of the requirements of the Planned Zoning.District have been met.
Section 4:' " ` That the Planned Zoning District ordinance and official zoning
map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning
change provided in Section 1 above.
' PASSED AND•APPROVED this day of , 2005.
APPROVED:
By
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 04-1181
A part of the Southeast Quarter (SEI /4) of the Northwest Quarter (NW I /4) and a part of
the Northeast Quarter (NEI /4)of the Southwest Quarter (SW 1 /4), all in section 24,
Township 16 North, Range 31 West, Washington County, Arkansas and being more
particularly described as follows:
BEGINNING at the Southeast comer of said Southeast Quarter (SE9/4) of the Northwest
Quarter (NW1 /4); thence along the East line of said Northeast" Quarter (NE 1 /4) of the
Southwest Quarter (SW 1 /4), South 0°02'50" East - 299.40 feet; thence South 68°42'22"
West - 446.64 feet; thence South 56'56' 13 " West - 43.00 feet; thence South 79'44' 13" West -
39.40 feet; thence North 0° 16'43 " West - 492 .58 feet to a point on the South line of said
Southeast Quarter (SE 1 /4) of the Northwest Quartd(NW 1 /4); thence along said South line,
North 89°56'29" West - 821 .53 feet to the Southwest comer of said Sout'heast,Quarter (SE
1 /4) of the Northwest Quarter (NW 1 /4); thence along the'West line of said Southeast
Quarter (SE 1 /4) of the Northwest Quarter (NW l /4);North 0°25'44" West - 1315.86 feet to
wdr=,v
the Northwest corner of said Southeast Quarter (SE 1 /4)`of-.the Northwest Quarter (NW 1 /4);
thence along the North line of said Southeast Quarter (SE 1 /4)ofthe Northwest Quarter (NW
1 /4), South 89°46'28" East - 825 .00 feet two an iron pipe; thence South 0' 16'43 " East - 60.00
feet; thence South 89°46'28" East - 479.02jeet to:apoint on the East line of said Southeast
Quarter (SE 1 /4) of the Northwest Quarter>(NW 1 /4)¢'%lhence along said East line, South
` . 4.
0155'25" East - 1252.20 feet to the POINT OEMEGINNRNG, containing 43.30 acres, more or
less.
aye I e PC Meeting of September 26, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jeremy Pate, Director of Current Planning
DATE: September 20, 2005
ADM 05- 1744: (Walnut Crossing R-PZD) submitted by Kim Hesse of Rausch Coleman
Homes, LLC for property located at THE NORTH SIDE OF HWY 62W, EAST OF LAYNE
STREET, containing 52.98 acres. The request is for a minor modification of the side setbacks in
the approved Residential Planned Zoning District plans.
Planner: JEREMY PATE
BACKGROUND
Project Description: The approved Residential Planned Zoning District for Walnut Crossing is a
rezoning and preliminary plat approval for a single family and cluster home development
consisting of 136 single family lots and 59 cluster homes (two-family dwelling units). A 5 .02-
acre public park is planned, as well as a large tree preservation area along the floodplain of the
creek.
Background.• The original R-PZD for this site was recommended for approval to the City
Council with a unanimous vote by the Planning Commission on September 27, 2004, with all
conditions as stated by staff. Numerous determinations were made by the Planning Commission
as well, and are reflected in the attached staff report. The City Council approved R-PZD 04- 1181
on November 16, 2004, as with conditions. Zoning criteria, as well as development approval,
were proposed and accepted with the approval of the Planned Zoning District, including building
setbacks.
Proposal: As depicted in Table l and shown on the drawings included in this report, the
applicant requests to modify the submitted plans for the development associated with this project,
to reflect a modified building side setbacks for all lots in question. There are two areas in
question, known as the "Residents" and the "Villas." Within the "Residents" (lots 1 -67), the
request is to modify the approved 7.5-foot side setbacks to 5-foot side setbacks, reducing the
overall distance between structures from 15 feet to 10 feet. Within the "Villas' (lots 68- 136), the
request is to modify the approved 5-foot side setback on one side and 10-foot side setback on the
other to 5 feet on both sides, essentially creating the same 10-foot separation distance between
structures as within the "Residents." These zoning criteria modifications are requested in order
to provide for a larger, wider home product in order for the development to be successful,
according to the applicant's letter of request.
K:IRelrorul111051PCReporis109.26-05UDA105-1744 (Weshua Xiny,).doc
Table I
Setback Modification Request
R-PZD
Variance Issue Requirement Applicant's Request
5 ' (both sides)
Side setback for Lots 1 -67 "Residents" 7.5 ' (both sides) (2.5 ' modification
Side setback for Lots 68- 136 "Villas" 10' S ' 5 ' modification
RECOMMENDATION
Planning Staff recommends approval of ADM 05-1744, the requested modification to the zoning
criteria approved with the R-PZD 04- 1181 site plans. It is staff' s finding that the intent of this
project is not changed with the requested setback modifications, as they are minor and do little to
modify the overall result of the proposed development. The stuctures are required to meet
building code requirements, and will be approved as building permits through Building Safety.
Separation of structures by 10 feet is not uncommon in many parts of the city, and staff finds that
this proposal is in keeping with the Planned Zoning District approval. Additionally, a large 5-acre
park and other common greenspace is provided within the development, allowing for a shared
greenspace amenity for future residents.
Condition of Approval:
1 . The applicant shall submit one (2) full sets of revised drawings for file copies.
2. City Council approval of the requested zoning criteria modification is required.
KdReports120051PC Reports 109-16-05W)Af 05-1744 (Walnut Xingd.doc
cokman
DEVELOPMENT
From: Kim Hesse, Land Developer, Rausch Coleman Development
To: Jeremy Pate, Director, Fayetteville Planning Dept.
Re: Walnut Crossing RPZD 04- 1181
Date: September 19, 2005
Dear Mr. Pate,
The Rausch Coleman Development Group requests the opportunity to slightly alter some of the
criteria for a RPZD development that was approved last year by the Fayetteville Planning
Commission and Fayetteville City Council. RPZD 04- 1181 , known as Walnut Crossing, was
forwarded with an `approval' recommendation by the Fayetteville Planning Commission on
Monday, September 27, 2004 and subsequently approved into ordinance form by the Fayetteville
City Council on November 16, 2004. The following are changes we would like to request in this
approved development:
1) Side Setback reduction to 5' on Lots 1 through 67 for the single family lots known as the
Residents. These lots are 55-foot-wide with approved side setbacks of 7 %z feet on each
side. We would like to change these side setbacks to 5 foot and 5 foot on each side, a
requested change of 2 %z feet per side, which means the side distance between homes would
change from 15 feet to 10 feet.
2) Side Setback reduction to 5' on Lots 68 through 136 which are the single family lots
proposed for rear entry homes accessed from an alley. This area is known as the Villas and
these lots are 45-foot-wide. We would like to request the side setbacks be changed from the
currently- approved 5 feet on one side of the house and 10 feet on the other side of the
house to 5 feet on both sides of the house. This is a requested change of 5 feet on one side
of the house and 0 feet on the other side of the house, which means the side distance
between homes would change from 15 feet to 10 feet.
We have the understanding that this revision to the approved RPZD 04- 1181 can be brought before
the Planning Commission and City Council as an administrative item. Construction on the
subdivision infrastructure has begun as we work towards finalizing house plans for the project.
Please review this request at the earliest possible opportunity and contact me if there are any
questions or comments. We are anxious to move forward with this project.
Thank yo or your onsideration in this matter.
s
Dir g r of Land Development
Rausch Coleman Development Group
308 East Main Street Farmington, AR 72730 Phone (479) 267-6008 Fax (479) 267-5241
coCennan
DEVELOPMENT
ADDENDUM MEMO
From : Kim Hesse, Director of Land Development, Rausch Coleman
Development
To : Jeremy Pate, Director of Planning, City of Fayetteville
Re: Walnut Crossing Setback Reduction Request
Date: September 20, 2005
Dear Mr. Pate,
Please find under separate cover our detailed request to alter the setbacks for the
Walnut Crossing project RPZD 04- 1181 . Our reasons for the requests are as follows:
1 ) Since our initial approval in September of 2004 Rausch Coleman
Development has reviewed the house plans and realized that we need the
flexibility to build wider homes to enable this development to be a success.
2) With less restrictive setbacks we could provide for larger homes without
having to add a second story which is not always popular with the wide
variety of home buyers we anticipate attracting to this development.
3 ) These less restrictive setbacks would also give us the ability to allow for at
least one larger side yard for homebuyers that are satisfied with the narrower
home but want a garden or lawn space.
Sincerely,
Kim Hesse
308 East Main Street Farmington, AR 72730 Phone (479) 267-6008 Fax (479) 267-5241
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