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HomeMy WebLinkAboutStaffReport-SweetwaterPUD PrelimMasterPlan prelimplat.pdf Case No. 15 00341 Page 1 SUBJECT: Sweetwater Housing Planned Unit Development (PUD) - Preliminary Master Plan/Preliminary Plat - #15 00341 APPLICANT: Greg Nelson 3896 East 600 North Rigby, ID PROPERTY OWNER: Northern States Development, Inc. P.O. Box 142 Menan, ID PURPOSE: Establishment of a Planned Unit Development (PUD) through the approval of a Preliminary Master Plan/Preliminary Plat. PROPERTY LOCATION: Approximately 902 Everett Place Rexburg, ID 83440 PROPERTY ID: Multiple COMPREHENSIVE PLAN: Moderate-High Density Residential ZONING DISTRICT: High Density Residential 1 (HDR1) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 1115) § 4.15 Planned Unit Development (PUD) and Chapter 12,Subdivision Ordinance AUTHORITY § 4.15(S)(1) The Commission shall recommend to the City Council that the proposed PUD be approved, approved with conditions, or denied. I. BACKGROUND The applicant has requested approval of a Planned Unit Development for purposes of clustering and variations from the standard side yard setbacks of the underlying zoning. This property is less than the 3 acres required by the ordinance. City Staff has reviewed the Development Code and determined that the 3 acres required is an arbitrary number and for efficiency purposes, lesser values should be considered on a case-by-case basis. The Planning and Zoning Commission as part of the review of the PUD should also make a recommendation to the City Council on the merits of allowing PUDs on less than the allowed acreage on a case-by-case basis. Planning and Zoning Department STAFF REPORT Case No. 15 00341 Page 2 The PUD ordinance can be applied to any residential zone and is a permitted land use if it can be found that all applicable criteria for granting PUDs is met. Therefore, the City, upon receipt of a PUD request should review the proposal and either approve, deny, or approve with conditions. II. SITE DESCRIPTION The subject property is approximately 2.14 acres and is on the North side of Everett Place. III. SUBSTANTIVE CRITERIA The following is a review of the minimum requirements of a PUD. Please refer to the PUD ordinance to view the entire description of each criteria, staff has only provided the headings followed with a review of each criteria. a. Uses Permitted- The applicant is requesting only residential uses; therefore this criterion does not apply. b. Minimum Area- The proposal is for 2.14 acres, which does not meet the minimum of 3-acres for a residential PUD. This criterion is not met. See Background statement. c. Variations to Underlying Zoning- The applicant is requesting the following variations to the underlying HDR1 zoning: i. Side yard setbacks- The HDR1 zone requires a 6-foot setback from side property line. The applicant originally started the project with all buildings being under one ownership. The buildings did not have side yard setbacks. The owner decided that they wanted to be able to sell the buildings individually. Thus the need to create the PUD. d. Street Standards- The only street is existing and meets city standards. e. Density Determination- The proposal falls within the allowed density of 30 units per acre as required for the HDR1 zoning. f. Minimum Performance Standards- i. Single Ownership or Control- The development will remain under single control by the developer until such time as a homeowner’s association is established which will enforce the standards of this PUD and the material found in the covenants, conditions, and restrictions (CC&Rs). ii. Scope of Plan- The entire parcel under ownership of the applicant is included in the application. iii. Natural Features- The land involved in the proposal does not include natural features that should be considered for preservation. iv. Utilities- All new utilities will be placed underground. v. Water Conservation- The final master plan should show how, in detail, the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development (see proposed conditions of approval). Individual lot owners should be required to do the same; this should be stated in the CC&Rs (see proposed conditions of approval). vi. Refuse Bins- Individual trash bins should be screened from the public right-of-way on days of no trash service in the neighborhood. Any future trash receptacles intended for trash service pick-up placed in the common areas such as the proposed park areas must be screened in a manner that is similar in material and character of the neighborhood. This should be incorporated in the CC&Rs (see proposed conditions of approval). vii. Glare Reduction- The proposal must adhere to the City’s lighting standards which require glare reduction and respect the safety aspect of lighting as well as recognition of the valuable night sky (see proposed conditions of approval). Case No. 15 00341 Page 3 g. Common Open Space i. Required Common Open Space - This standard requires that each PUD provide at least 10% of the gross area as open space and recreational area. The Planning Commission should determine if what is being proposed meets the intent of the PUD ordinance (see proposed condition of approval). ii. Maintenance- As the common areas are proposed to be private rather than public, the homeowners association will be responsible for common space maintenance, as stated in the proposed CC&Rs. Until such time as a homeowners association is established, the applicant shall be responsible for all maintenance of common areas and all unsold lots (see proposed conditions of approval). iii. Hardscape- Staff was unable to determine hardscape percentages, as the final landscape plans are not yet submitted. Only preliminary plans are required at this time; the final landscape plan should be submitted for review and approval with the final master plan application (see proposed condition of approval). iv. Common Activity Areas- This area needs to include playground equipment or pathways with benches and tables through natural or landscaped areas. The Commission should determine if this requirement is met. This requirement should be shown on the final landscape plan to be submitted with the final master plan/final plat application (see proposed conditions of approval). v. Landscaping Per Unit- The applicant has not addressed this requirement. The final master plan should reflect this on the landscape plan. In addition, the final CC&Rs should have the ordinance requirement written into the CC&Rs (see proposed conditions of approval). The final landscape plan needs to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. vi. Water Conservation- The final landscape plan should incorporate this requirement by identifying what drought tolerant species are being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands (see proposed conditions of approval). IV. ANALYSIS To approve a planned unit development certain criteria must be addressed and met. Below are those established criteria followed by staff’s analysis. a. The proposed planned unit development is in compliance with the City’s comprehensive plan and will be substantially compatible with existing development in the surrounding area; and undeveloped land in the surrounding area can be developed in a m anner substantially compatible with the proposed planned unit development. The Comprehensive Plan Map designates this area as Moderate to High Density Residential; therefore the proposal is in compliance with that component of the Comprehensive Plan. i. Traffic impacts The City Engineer did not have any concerns. ii. Street lights and exterior lights A condition of approval should be that as part of the final master plan/final platting, proposed lighting, whether they are street lights, park lights, or other, should show how they comply with the City’s lighting ordinance and are Dark Sky compliant (see proposed conditions of approval). Case No. 15 00341 Page 4 . b. Construction of the development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative construction impacts on the area surrounding the development or in the city, the planning commission and Council may impose conditions including but not limited to: i. Prohibitions of open burning on the site during construction; ii. Time restrictions on construction noise; and construction traffic. The Commission should explore this criterion after public testimony and determine if any conditions of approval should be applied. c. Street, water, sewer, drainage and drainage pre-treatment, storm water detention, and other similar facilities in the area surrounding the development and in the city are or will be adequate to provide for the health, safety and welfare for the development's population densities and the type of development proposed. Street, water, sewer, drainage and drainage pre-treatment, storm water detention, and other facilities are either located in the immediate area or will be extended for use of the site by the applicant. The applicant is intending to connect to all City services. Based on the availability and installation of infrastructure in the vicinity this criterion is met. d. The proposed number of residential units does not exceed the maximum permitted number of residential units. The applicant has not requested any density bonuses. The acreage for the PUD is approximately 2.14 acres. The HDR1 zoning allows a maximum of 30 units per acer. There are 48 units proposed. The 2.14 acers would allow 64.2 units. V. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony and determine if the proposed planned unit development can be approved, denied, or approved with conditions. Following this determination, the Commission should make a recommendation to the City Council accompanied with findings that support such a recommendation. Should the Commission choose to recommend approval with conditions, staff has provided conditions of approval for consideration (see below). Also, the Commission may determine that a revised preliminary master plan/preliminary plat needs to be submitted if major/substantive modifications are needed before a determination approval status can be made. Proposed Conditions of Approval General 1. The final master plan/final plat application shall include all required submittal standards and incorporate all conditions of approval. 2. Language shall be clear in the CC&Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 3. The final CC&Rs shall be reviewed and approved by the Community Development Director prior the recordation of a plat. 4. Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted in this PUD request. Case No. 15 00341 Page 5 5. Staff recommends that there be discussion on changing the requirements for area requirements for PUD requests. This language is found in Section 4.15e in the City of Rexburg Development Code. Staff recommends adding language that would allow less area than those described on a case-by-case basis. Performance Standards 6. Utilities- All new utilities must be placed underground. 7. Water Conservation- The final master plan for each phase shall show, in sufficient detail, how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 8. Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC&Rs under Sect ion 4.13. 9. Refuse Bins- Individual trash bins shall be kept in garage or screened from the public right-of-way on days of no trash service in the neighborhood. . 10. Glare Reduction- The proposal must adhere to the City’s lighting standards, details shall be provided with the final master plan/final plat for each phase. Common Open Space 11. Maintenance- As the common area is proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 12. Hardscape- In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 13. Landscaping Plan- The applicant has not addressed this requirement during the preliminary master plan/preliminary plat application process; therefore the final master plan shall reflect this on the landscape plan. In addition, the final CC&Rs shall have the PUD ordinance requirement written into the CC&Rs. The final landscape plan shall consider amount of trees and bushes, landscaping buffer for parking lot and solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees.