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HomeMy WebLinkAboutRFD - 19-00094 - Founder's Square - Final Plat Div. 2Reason for Decision FSO pEXe4gC ' Clty of Rexburg o 35 North N East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Final Plat #19-00094 Founder's Square — Final Plat Division 2 CITY OF REXBURG Americas Family Communit 1. February 26, 2019, a Planned Unit Development (PUD) Amendment was started as well as the Final Plat Application. 2. February, 27, 2019, payment was processed for a Final Plat for Summerfield Subdivision Division 6. 3. March 11, 2019, it was determined the PUD plan submitted was the same as the one previously approved and this action was canceled. Applicant was notified of cancelation and refund. 4. March 20, 2019, the Staff Review Summary was sent to Winston Dyer and Founders Square LLC. The plat was also sent to the County Surveyor and Rocky Mountain Power. 5. March 21, 2019, Comments from the County Surveyor were received. These comments were forwarded on March 25, 2019. The application has been scheduled for the April 3, 2019, City Council agenda. 6. April 3, 2019, the application was presented to the City Council. City Council Meeting April 3, 2019 City Attorney Zollinger reviewed the staff report for the final plat for Founder Square Division 2. The applicant is looking to transition some of the lots into zero lot line lots. The code allows the zero lot lines in the particular zoning that they have. The zero lot line means instead of having two completely separated homes they could have twin homes; it has no net effect on the density. The staff review doesn't indicate any issues with the Final Plat for Founder Square Division two. 11Page SUBJECT: Final Plat- File x17-00094 APPLICANT: Foundcn Squaw LLC PROPERTY ON`NF.R(S): Founders Square LLC PURPOSE: The request is to consider a Final Plat PROPERTY LOCATION: Founders Squaw: Subdivision APPLICABLE CRITERIA: City of Rexburg Development Cale (Ordinance No.I I15) 6.13 Aniendtttems to ibis Onlinanre AU'THORIT'Y: §6.13(E)"The C:aounissimt nunvrernnmend thnitheameminrenllm granted as mquested, that it he mialified, or thus it ke dental" I. BACKGROUND The subject property is part of Planned Unit Derelopnenl and as such must comply with the Founders Square Subdivision Mastciplan. IL ANALYSIS A Plantxd Unit Development allows the Final Plat to skip Planning and Zoning if Oram arc no changes from the Materplaa and to go directly to the City Council regarding whether or not the plat meets the requirements of the Subdivision Ordinance Chapter 12 of the Development Code Section 1.2. The Masterplan is the some so Planning and Zoning has been by-passed. Below, staff has provided all the criteria listed by Ordinance No. 1 I1 i (Development Code) that are required to be addressed, followed by staffs analysis of each criterion. Criteria Subdivision Plat Requests' I. Harmonious development of the area. The lots am the soulless identified on the MasAerplan. The owner wants to put twin homes on twelve of The lots. This would no increase the density of the project and the Planed Unit Deveknpmcnt sections encourages "clustering" of units. 2. Coordination of streeis and roads within the subdivision with other existing or planned streets and roads. The roads were identified on the Master Plan. J. Adequate open space for travel, light, air and recreation. As Fan of a PUD the open space and recreation amenities were outlined with the Master Plan. This division is keeping in harmony with the PUD. S. Conservation of or provisions for adequate transportation, water drainage and Cosy No. 1701219 Poen I sanitary facilities. The City Engineer has approved the transportation and utilities of the division. 5. Avoidance of population congestion as would involve danger or injury to health, surety, or general welfare by reason of: a. Lack of water supply, drainage. transportation, or other public services; or It. Unnecessary imposition of an excessive expenditure of public funds fur the supply of such services. The City Engineer has approved the transportation and utilities of the division. 6. Requirements as to the extent and manner in which: a. Roads shall be created and improved; and water and sewer and other utility mains; piping connections, at, other facilities shall be Installed as conditions precedent to the approval of a plat. The City Engineer has approved the transportation and utilities of the division. 7. Manner and form of making and filing of may plat. a. Administration of these regulations by defining the powers and duties of approval authorities; including procedures for the equitable re%lew and approval of all plats or subdivisions covered by these provisions. State stumtes and City Development Code requirements have been considered with the staff approval. III. STAFF RECOMMENDATION Stal7requests that the City Council upprwe the Founders Square Subdivision Division No. 2 along with the clustering of twelve of the homes into six Twin I tomes with the following conditions: a. All of the County Engineer requirements have been identified and corrected as needed. Mr. Dyer said he is the engineer of record for the Founders Square Subdivision. The developers of the subdivision are from Jackson, Wyoming. A map of the subdivision was viewed on the overhead screen. 21Page Mr. Dyer explained the size of the subdivision is 35.8 acres with a total of 109 lots and considered a master Plan Unit Development. Phase One has been platted and in the process of being developed. In 2008 the plan was to build subsequent phases; however, due to the economy's downturn it has taken longer than expected. Stewart Sugarman and Bill Collins from Jackson, Wyoming are the developers and are ready to move forward with phase two. There are seven lots in phase two and they are in accordance with the master plan. When the Sky Meadows Subdivision south of Founders Square was built; it was necessary to install all of the utilities and build the street in front of phase two. Mr. Dyer said the lots in phase two of the development are ready to be placed on the market upon the approval of the final plat. As noted there are seven lots that are in accordance with the approved master plan. Mr. Dyer said they are respectfully seeking approval of the Founders Square Phase Two Final Plat as the next step in implementing the approved master plan for this Planned Unit Development. Council Member Busby noted the map that was shown is not an updated map because there are more homes built in Founders Square than what the map shows. Mr. Dyer said the map shown is the most current map on google earth. The developers have been selling the lots to builders. The builders have been building either spec or custom homes on the lots. City Attorney Zollinger mentioned every lot with the exception of the two areas on the left and right of the property were sold during phase one. He said Kartchner Homes has been purchasing the lots and building homes on them. Council Member Mann expressed his appreciation for the developers and their efforts in keeping up with the maintenance of the park and undeveloped property even when there was only one home built on the property. Mr. Dyer said even though the development has taken 11 years to complete the developers remained responsible in keeping up with the maintenance of the property. 3 1 P a g e Council Member Wolfe moved to approve the Final Plat for Founders Square Division Two; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Thosevoting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 41Page 7. Applicant failed to record the Plat within 6 months of approval. No extensions were appealed to City Council. 8. March 4, 2021, the Founders Square Div. 2 Plat was presented by Judy Hobbs to the Planning & Zoning Commission as an Item for Consideration. Founder’s Square – Final Plat Div. 2 (19-00094) – April 3, 2019, City Council approved the Final Plat, but the Plat was not recorded as per 10.03.080 and no record of an extension request can be found. The Plat is considered expired and is presented for reconsideration. (action) – Judy Hobbs Judy Hobbs – As indicated, the Plat was approved on April 3, 2019, by the City Council. Due to a lack of follow-through by the developer, that Plat did not get recorded. The Plat was ready to bring to the City for signatures and Tawnya brought to her attention they were way beyond the recording date. The reason for the Plat was to build a twinhomes on the identified lots in phase 2. This is still the proposal. The density is not increasing. They beg the groups forgiveness in not moving forward as it should. Judy asks the Commission move this Plat forward to the City Council so the Plat can be reapproved. Questions for Applicant: Chairman Rory Kunz recalled lighting in the neighborhood. Judy was not working as an agent for the developer at that time. She could research with Tawnya regarding the lighting. Rory recalled neighbors came forward about the neglect for street lightning. Tawnya included the Reason for Decision in the commissioners’ packets. Rory reviewed those minutes. Alan Parkinson knows there are lighting issues with Sky Meadows. Sky Meadows and Founder’s Square adjoin one another. As far as he knows, there is not an issue with the lighting in Founder’s Square. Vince Haley confirmed there are lighting issues with Sky Meadows about a year ago. Chairman Rory Kunz apologized. Staff Report: Stephen Zollinger stated, as Judy said, they have 6 months after the Plat is approved to record the Plat. They did not record in this time frame. They have not changed anything. They are here begging forgiveness and asking you to reapproved this Plat to record immediately. Chairman Rory Kunz asked if the Plat is a hearing. Tawnya told him no, this is just a plat approval. Tawnya explained the plat process was recently changed and now requires a Final Plat to come before the Planning & Zoning Commission for their recommendation to City Council. We felt, even though this application began before that change, when the Final Plat would only go to City Council, the new process should be followed to be transparent with the Commission. This agenda item is informational for the Commission, to allow the Founder’s Square Plat to move forward if the Commission will allow it. Commissioner Discussion: Kristi Anderson asked if this would be a motion. Chairman Rory Kunz confirmed this action would be needed. MOTION: Motion to recommend City Council approve the Founder’s Square Div. 2 Final Plat, because it was previously approved., Action: Approve, Moved by Randall Kempton, Seconded by Kristi Anderson. Commissioner Discussion on the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Aaron Richards, Chairman Rory Kunz, David Pulsipher, Jim Lawrence, Kristi Anderson, Randall Kempton, Sally Smith, Todd Marx, Vince Haley. 9. March 17, 2021, the Plat was presented for reconsideration by Alan Parkinson to City Council.