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The Gardens Phase 8 - Plat 1, Final
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SUMMARY: The developer, Tim Wilson, is proposing the first plat of his phase 8 section of the Gardens. The preliminary plat was approved by the Planning Commission at the February 2017 meeting. This plat of phase 8 does match the approved preliminary plat. This plat consists of 14 lots on 7.60 acres. This section will include the construction of approximately 990 feet of roads/curb/gutter, 960 feet of 4 inch low pressure sewer, & 970 feet of 6 inch water line. The developer is providing financial guarantees, in the form of letters of credit, for the proposed infrastructure. These letters of credit are for 6 months, with the exception of a new letter of credit for the temporary cul-de-sac, which is for 12 months. The developer currently has a letter of credit on file for the temporary cul-de-sac which he is requesting a release of and acceptance of a new one. This will put all of his letters of credit on the same time frame. The letters of credit are as follows: $106,102.50 for the completion of roads, with a set agreement expiration date of, November 18th, 2017 / $28,743.75 for the completion of sewer, with a set agreement expiration date of November 18, 2017 / $48,510.00 for the completion of water lines, with a set agreement expiration date of November 18, 2017 / $5,500.00 Temporary Cul-de-sac, with a set agreement expiration of May 17, 2018. Staff has reviewed the amounts and approve.
The developer is requesting 2 variances in regard to this plat. The first one is to reduce the required 15 foot side setbacks for zero lot line developments to 10 foot. This variance has been granted in the other phases of The Gardens. The second variance request is to reduce the side setbacks for the lots adjoining the green space/common property to 6 foot instead of the required 10 or 15 feet. The reasoning for this request is that since the green space/common property are non-buildable lots, there would not be a need to ensure the proper 20 foot separation for fire protection.
STAFF RECOMMENDATION: Staff has reviewed the plat and variance requests. Staff recommends approval of the side setback reduction from the required 15 feet to 10 feet. It is the opinion of staff that the required 15 foot setback for zero lot line developments is intended to provide better separation for fire protection. Many of the zero lot line structures are multiple units in size and not the duplex (multi-family unit 2) design of the Gardens. The minimum setback for typical single family residences is 10 feet, so granting this variance would be reducing the side set back to the typical setback for single family dwellings and would still provide 20 foot separation between structures. Staff also recommends approval of the side setback reduction from 10/15 feet to 6 foot for a property whose side is adjoining a green space/common property. The basis for this recommendation is that the green space/common property “lots” are non-buildable lots and will not have a structure constructed on them. So, there would be no need to have the setbacks to ensure property fire safety standards. Also, reducing the setbacks to 6 foot would keep our required utility/drainage easement intact, should it ever need to be used. Staff recommends approval of the plat.
Recommended Action
NECESSARY PLANNING COMMISSION ACTION: Approve or deny the final plat with required letters of credit and the attached variances.