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HomeMy WebLinkAboutMINATTA ANNEXATION & ZONING - 36-05 - CORRESPONDENCE - (5)Pete Wray -Transfer of DevelopmentF is Page_2, Please let me know if you have any questions or need additional information. I apologize for having taken so long to get back to you with a response. Cameron Gloss, AICP Current Planning Director CC: aminatta@aol.com; Pete Wray Pete Wray - Transfer of Development r' tits From: Cameron Gloss To: johnminatta@comcast.net Date: 5/4/2005 4:05:14 PM Subject: Transfer of Development Rights Hello Cameron Could you explain to us what type of change was made to what part of the cities policy/code that allows the transfer of development rights from the portion of our property that we sell, to the remaining site. As we understand, this change was recently implemented in order to eliminate the need to annex prior to the sale and not lose the right to add those developable units allotted to the parcel sold under the projected zoning, to the remainder of the site. You're right, Section 3.8.18 of the Land Use Code relating to the calculation of residential density was changed at the end of last year that allowed you to sell a portion of your property to the Stormwater utility and continue to apply that land area as part of your site. Under the change any "land solely for open space, parkland or stormwater purposes" shall be included in the gross acreage of the land. Within the LMN zone district, the maximum gross density is 8 units per acre. Is there a procedure or process that is part of the sale that somehow guarantees the specifics of transferring the development rights? No, there is no formal development review procedure that guarantees your rights as established above. Your legal entitlement is based upon the Land Use Code standards that are in place at the time that the development application (considered a "site specific development plan") is formally submitted to and accepted by, the City. Also, could you clarify whether a neighborhood center is allowed for this site under the LMN designation. I interpreted section 4.4 (3) (a) as requiring a neighborhood center for sites 40 acres or greater, but does not exclude neighborhood centers from sites less than 40 acres. A neighborhood center that includes retail and/or restaurant uses could be constructed on this site provided that it is at least 3/4 mile from another neighborhood center. At this point in time, there are no other neighborhood center within this prescribed distance and the staff is not aware of any expressed interest in developing such a center on nearby properties. You're correct in your statement that residential development on sites greater than 40 acres must be located within 3/4 mile of a neighborhood center and that neighborhood centers are not excluded on sites of less than 40 acres. There are a series of other minimum land use and design standards that the neighborhood center would be subject to. The neighborhood center site may be a maximum of five (5) acres in size. Centers must be located such that a network of streets provides direct access to it --as we mentioned in one of our meetings, the detention pond needs to be carefully sited to allow access (minimally, bike and pedestrian) directly between the residential area on the west side of the property and the neighborhood center. Neighborhood Centers must have at least two uses as described in the LMN zone district and must have publicly accessible outdoor space integrated within it. I would highly recommend that you review Section 4.40M of the Land Use Code for a complete summary of the LMN Neighborhood Center Land Use and Design Standards.