HomeMy WebLinkAboutCORRESPONDENCE - 08-00023 - Sunrise Dr - Founders Square Final PUDJanuary 22, 2008
Founders Sqaure, LLC
_c/o Bill Collins
PO Box 15540
Jackson, WY 83002
CITY OF
REXBURG
A..n&, F4mlly Community
Re: File #08 00023 — Founders Square, Final Master Plan and Subdivision application
completeness determination.
Dear Mr. Collins:
Thank you for submitting an application for the final `phases of a project that received
many accolades through its preliminary approval process. This Final Master Plan
approach is now seen as an enhancement to a concept that was already approved. With
this application phase there is the need for the applicant to show in greater detail exactly
how the concept approval will move forward.
Once an application for a land use decision such as yours has been made, staff must
determine that the application is complete. In reviewing your application, some items
regarding completeness and concern have arisen. With regards to completeness as an
application for a Final Master Plan and Final Subdivision Plat, the following items will
need to be submitted to the Planning Department before staff can proceed with a review
of the application:
1) A landscape plan must be submitted as part of the application that is designed by
a landscape architect that is licensed to practice in the State of Idaho. This plan
needs to address the standard design parameters of a landscape plan as well as
specific conditions of approval found in the approval of Founders Square
Preliminary Master Plan. In addition the PUD ordinance requires specific
requirements for individual lots as well as open space elements. This was
addressed at a concept level but needs greater detail at this time. A complete
review of what was originally proposed and what the ordinance requires shold be
fully examined again to assure compliance.
2) Application fees for a final master plan application have not yet been received.
The above are the items of completeness that need to be addressed. Please let me know
if you need further clarification.
Of greater concern is the fact that your proposal has changed somewhat from what was
originally proposed. Specifically, the PUD proposal has lost acreage, has one more unit
Croy Leiknm Plammng and Zoning Administrator 19 E. Main Rexbng, ID83440 P. O. Box280
Phone (208) 359.3020 ext 314 Fax (208) 359.3022
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that what was approved, was not approved as a phased PUD, and the open space areas
are not located in the areas as approved originally. This scope of modifications will
require an amendment to the preliminary master plan as per Section 4.15 (U) of the
PUD Otdinance(Modifications ofAppmved Pn&ming Master Plan).
We are prepared to move forward with the application if the "modifications" are
removed and the incompleteness issues are resolved. Please let me know if you have any
questions.
(Sincerely,
Gary Leikness
Planning & Zoning Administrator
Gaq Leiknms Planing and Zoning Administrator 19 E. Mafn Fc bm,& ID83440 P. O. Box280
Pbw (108) 359.3020 ex1314 F" (108) 359.3022
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CITY OF
° ItEXBURG
Memo
To: Members of the Pluming and Zoning Commission
From: Department of Planning and Zoning
Dafe: 2/21/2008
Re: Interpretation of application status for the Founders Square PUD
Request for Action
Members of the Planning and Zoning Commission,
The Planning and Zoning Department seeks the Commission's determination on what
application process the developers of the Founders Square PUD ate required to pursue. Two
options for the applicant are to apply for a final master plan or go through the public heating
process to amend their originally approved preliminary master plan.
The Founders Square preliminary master plan was approved in August of 2007. Subsequent to
this approval, ownership has switched bands. With the new ownership, modifications to the
proposal have been made. The PUD ordinance does allow for some modifications to be made to
an approved preliminary master plan, but if those modifications exceed a certain threshold, than
the applicant must apply to revise the approved preliminary master plan rather thanapplying for a
final master plan. Applying to amend an approved preliminary master plan becomes partiadady
important when modifications are made because the final master plan process does not requite a
public hearing where the public would have a chance to be notified of modifications.
The applicant has applied for a final master plan. During the administrative process, it was
determined by the Planning and Zoning Department that the applicant should be applying for an
amendment to the preliminary master plan rather than applying for a final master plan due to the
modifications being proposed. Though the modifications are not an unacceptable deviation from
the original approval, the current proposal, as staff has determined, does exceed the threshold for
allowable modifications. The PUD ordinance requires that a preliminary master plan be amended
if the following has occurred:
1. Increase in density.
2. Change of boundaries.
3. No change of uses, specific or general.
4. No change in the location or amount of land devoted to specific land uses.
It was determined by staff that there was an increase in density in that the proposal yields one
more lot than what was approved. It was determined by staff that the boundaries have changed in
that the overall PUD is approximately 1 acre smaller than what was originally approved. It was
determined by staff that locations designated for open space have changed, and a new lot is
proposed directly adjacent to an existing cell tower, which further encumbers the tower's
development possibilities. In addition, the applicant is now proposing a phased approach to the
development which was not shown or approved on their original plan. This phased approach is
about timing of platting and PUD standards being addressed through each phase. This is different
from phasing of construction which may have been discussed at the original hearing.
As a matter of protocol, staff reviews submitted applications and informs the applicant if there are
any deficiencies of if the proposal needs to go through a different review, process. Staff has
informed the applicant of what process should take place for Founders Square, that being an
amendment to the approved preliminary master plan. The applicant disagrees with staffs
determination and wishes for the Planning and Zoning Commission to look at the issues and
determine if staff has advised the applicant on the correct course of action or if the applicant can
apply under the final master plan/final plat process.
Attached are the following. letters to and from the applicant, a current proposal, and previously
approved proposal.
Thank you for your consideration in this matter.
Sincerely, 2--
Gary �Leikuess
Planning and Zoning Administrator
0 Page
Feb
0�
18 08 04:39p Bill Collins
February 18, 2008
3077341029
COLLINS PLANNING
• A S S 0 C I A T E S
Gary Leikness, P & Z Administrator
City of Rexburg
PO Box 280
Rexburg, ID 83440
Re: Founders Square — Updated Master Plan and Final Plat for Phase 1
Dear Mr. Leikness:
We received your letter dated January 22, 2008 concerning the application we
submitted for the subject project on January 10, 2008. The letter indicated the need to
provide more information on landscaping and to pay the application fees. There was
also a reference to the modification of the master plan requiring us to go back to the
primary master plan phase because of some very limited modifications to the master
plan, and concern over our desire to proceed with the subdivision on a phased basis.
The purpose of this letter is to respond to the concerns you raised and to request the
opportunity to move forward for P & Z review of our proposal. Since our initial submittal
was over five weeks ago, it is very important that we be placed on the February 21,
2008 P & Z agenda and we respectively make that request.
We had already sent our application fees by the time of your letter and we have now
provided additional landscaping information beyond the level of detail required in the
PUD ordinance; so these items have been addressed and satisfied.
However, we take exception to your stated need to remove the modifications or return
to the preliminary master plan stage for the subdivision for the following reasons:
1. We have taken a portion of the green space originally located in the southeast
corner and have now proposed that it be located in the northwest comer of the
subdivision. This provides a better balance and improved access to the
open/green space by residents of the subdivision, and also makes it more
appealing in that we now have the opportunity to construct a pathway from the
subdivision through the new green space area on the northwest that will connect
a pedestrian access to and from the subdivision and 2nd East.
We now have open space in three locations dispersed across the subdivision
that is readily accessible to all and precludes the need for subdivision residents
to travel a lengthy route through the next subdivision to the south in order to
access our open space area in the southeast corner. Further, we have added
7 4 0 LEAST P EAR L AVENUE. POST OFFICE BOX 7 4 4 1. J A C K 5 O N. W Y 830D2
PHONE: (3 O 7) 6 9 0- 4 4 3 6 FAX: (3 O 7) 734-1 0 2 9
C 0 L L I N s P L A N N I N 0@ B R E 5 N A N. N E T
Feb 18 08 04:39p Hill Collins 3077341029 p.2
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connecting pathways that allow better access by all to the green space areas.
We believe this represents an improvement to the master plan and still provides
the required amount (10%) of green space for the development.
2. In the process of re -distributing the open space and rearranging the lots, we were
able to create one more lot than was shown on the preliminary master plan,
However, our density is still far below the allowable level in the PUD ordinance
and does not represent any violation of density restrictions or zoning
requirements.
3. When the proposed subdivision was presented to the P & Z Commission and
City Council for approval of the preliminary master plan, it was clearly indicated
to both entities that the project would in fact be developed and constructed in
phases. Although we did not provide a speck map at that time to delineate
what those phases would be, nevertheless it was still made clear in the
presentations (made by the previous owner) that it would be developed and
constructed in that manner. Further, the City will soon have a development
agreement with us establishing our contractual obligation to construct the entirety
of the planned unit development, thus guaranteeing that even if we start building
in phases we will be under legal and binding contract to complete the entire
development.
4. We would understand the need to go back to the public on the subdivision if we
had done anything that would change the impact to adjacent properties or that
had changed the concept of the subdivision -- neither of which has occurred.
Impacts to the surrounding properties are the same as they were at the
preliminary stage and in fact we feel we have improved the benefit of the
proposed subdivision to the community of Rexburg by better balancing and
distributing the open space.
Our preliminary submittals for the development were enthusiastically received
both by the P & Z Commission and City Council, culminating in unanimous votes
supporting the same. Therefore we cannot see any legitimate reason why we
would have to go back to square one and incur costly additional expense and
expend precious time and resources in reviewing things with the public when
there has not been any change to the impacts of the area around the proposed
subdivision or to the greater community of Rexburg.
We are following the PUD process outlined in your ordinance and believe we have filed
a legitimate application granting us the right to appear before the P & Z Commission to
review the minor tweaking we have made to improve the overall PUD subdivision plan.
We simultaneously filed the necessary application materials to also have the Phase 1
Final Plat considered for recommendation to the City Council for approval and likewise
request the opportunity to have that considered by the P & Z Commission along with the
updated master plan.
Feb 18 08 04:39p Bill Collins 3077341029 p.3
We are anxious to move forward with a very worthy subdivision development which will
be a great asset to the City of Rexburg. We therefore respectfully request consideration
of the justification we have given and the opportunity to move this subdivision forward in
the development process in a timely manner. Again, we request placement on the
February 21, P & Z agenda. Thank you for your consideration.
Sincerely,
Found" uare, LLC
William E. Collins, AICP
Manager
cc: Mayor Larsen
Stephen Zollinger