HomeMy WebLinkAboutCOPPERLEAF (FORMERLY 3425 SOUTH SHIELDS) - PDP - PDP160026 - DECISION - MINUTES/NOTESPlanning & Zoning Board
January 12, 2017
Page 11
Board Deliberation
Interim Vice Chair Hansen commented that his initial concern had been with building heights, adding that
the modifications seem appropriate. Member Whitley stated that he will support the project, as he can
find nothing that doesn't meet the LUC requirements. Member Hobbs thinks the modifications are
relatively minor, but indicated that the project has certain physical limitations, so he is encouraged by the
public interactions taken by the developer to make it compatible, he will support the project with these
changes. Member Rollins likes the additional access point, and she is not convinced that traffic will be
significantly impacted by density reduction; she feels that the modifications make sense with this type of
infill site. Member Carpenter will support this project, saying that she doesn't feel that density is an
issue, and this project properly meets the LUC. Interim Chair Schneider also feels that the zoning is
consistent and compatible with the area; therefore, he will support the project.
Member Hobbs made a motion that the Planning and Zoning Board approve the Copperleaf PDP
modification of standard 1 relating to section 3.5.2(G)(1)(a) (rear walls of multi -family garages),
based upon the findings of fact contained in the staff report that is included in the agenda
materials for this hearing and the board discussion on this item. Member Whitley seconded.
Vote: 6:0.
Member Hobbs made a motion that the Planning and Zoning Board approve the Copperleaf PDP
modification of standard 2 to section 3.8.30(C) (access to central feature and gathering place),
based upon the findings of fact contained in the staff report that is included in the agenda
materials for this hearing and the board discussion on this item. Member Hansen seconded.
Vote: 6:0.
Member Hobbs made a motion that the Planning and Zoning Board approve the Copperleaf PDP
modification of standard 3 to section 3.8.30(F)(1)(orientation and buffer yards), based upon the
findings of fact contained in the staff report that is included in the agenda materials for this
hearing and the board discussion on this item. Member Rollins seconded. Vote: 6:0.
Member Hobbs made a motion that the Planning and Zoning Board approve the Copperleaf PDP
#160026, based upon the findings of fact contained in the staff report that is included in the
agenda materials for this hearing and the board discussion on this item. Member Carpenter
seconded. Vote: 6:0.
Other Business
Approval of changes to P&Z By -Laws
Planning Director Gloss detailed the proposed edits to the Planning and Zoning By -Laws:
Under Section 11.3 - Chair and Vice Chair should be elected in February each year for a full term.
The title, "Chairman", will be changed to "Chairperson", to be consistent with the By -Laws of other
City Boards and Commissions.
Under Section 4, the designation of "Director of Current Planning" will be changed to "Planning
Director". Assistant City Attorney Yatabe suggested that, under Article IV, Section 3, "the regular
meeting in January (change to February) should be the Annual meeting", in order to correspond
to the election schedule.
Planning & Zoning Board
January 12, 2017
Page 10
Valerie Jensen, 3367 Santa Fe Court, acknowledged that there have been several changes proposed,
but she still has a concern with the density. She would like to keep the density levels equal on both sides
of the street. She also has a concern with traffic, saying that traffic is already difficult to navigate.
Harry Santner, 4333 Piccadilly Drive, is in favor of this project, saying that Brinkman has done a good job
overall in working with the City and in addressing the neighborhood concerns. He believes this project
proposes a lower density level than a previous project did.
Kevin Mickie, 3642 Richmond Drive, also has a concern with traffic and the proposed density level.
Eric Sutherland has a concern with the LUC wording "equal to or better than", saying that modifications
should be based on merit.
Rob Haas, 1994 Kinnison Drive, encouraged the Board not to consider the developer's pro forma, saying
that the Board should be concerned with only the LUC implications. He also looked online for new
submittal documents and did not see the documents that were shown at the hearing.
Rich Maroncelli, 924 Richmond Drive, compared this property to the Landmark Apartments, saying that
Landmark has about 1/3 of the density on the same amount of acreage. Because the proposed density
hasn't changed, he doesn't understand what the changes are that make this project compatible with the
neighborhood.
Applicant and Staff Response
Mr. Johnson responded to the citizen concerns about density, showing how the bedroom counts were
decreased, so density actually decreased. He discussed some of the issues raised concerning storm
sewers, density standards, lowering of buildings. The applicant has tried to make as many suggested
changes as possible. Mr. Ranweiler added that the storm sewer is about 3 feet down, which improves
drainage but also creates some constraints for the site. He discussed the zoning density requirements
and the traffic concerns. He noted that the neighbors did not previously express a desire for buildings to
be a maximum of 2 stories until tonight's hearing.
Chief Planner Shepard also pointed out that 110 bedrooms are now proposed; in addition, there was a
reference to a surrounding neighborhood, noting that there is a custom for allowing multi -family
developments. He added that economics and pro-formas are never used as criterion, and he briefly
discussed the impacts of density and how the code can be interpreted.
Nicole Hahn, Traffic Engineer with the City, stated that the right-in/right-out from Shields is an additional
access proposed to minimize the amount of cut -through traffic in the neighborhood. She discussed the
signal spacing and safety aspects, including crash data and overall impact of traffic added. Chief
Planner Shepard confirmed that the number of parking spaces is 147 (serving 110 bedrooms), which
exceeds the minimum required parking spaces. Also, there were 115 total bedrooms previously
proposed and that has been reduced to 110 currently.
Board Questions
Interim Vice Chair Hansen asked several clarifying questions about the setbacks between buildings and
for RL properties and about required parking spaces. Interim Chair Schneider asked about the
comparison of densities between this project and surrounding neighborhoods; Chief Planner Shepard
stated that there is mix of apartments, townhomes, duplexes, etc. in this area, but he doesn't have
specifics on that.
Planning & Zoning Board
January 12, 2017
Page 9
Scott Ranweiler, Applicant, summarized the recent neighborhood meetings and outreach and how the
neighborhood concerns have been reviewed and addressed. These concerns include density,
landscaping, and traffic, location of trash enclosure, noise/lights, amenity location. Randall Johnson,
Infusion Architects, commented on the recent work performed by the Applicant. Regarding the concern
of increased density, he confirmed that there are no maximum density recommendations in the LUC,
only minimums, which results in ambiguity and additional questions. There were also concerns about the
height and scale of the buildings, so they reduced some of the buildings from 3 stories to 2 stories, which
were presented at the neighborhood meeting. He showed slides depicting new building sizes and
architecture. He discussed other concerns: building heights, shading in the back, noise and light. The
team looked at the various options on how to reconfigure the buildings, and they eventually reduced the
density along the north side of the building as well as eliminating breezeways. They also changed
architectural lines to have variation along the building sides, although they had to incorporate some
constraints imposed by the fire department. He showed slides of the original plan and the changes since
the November P&Z hearing.
Cathy Mathis, TB Group, also discussed the existing trees and landscaping and how each was
evaluated; the proposed plans include 68 new trees (21 for mitigation) in addition to new shrubs and
grasses to provide privacy and protection. Traffic was a concern, including circulation and the public
access easement. In addition, the trash enclosure has been removed from the proposed plans. Mr.
Johnson also discussed the building designs, garage placement, light pollution, plantings, architecture
improvements for light and sound concerns, amenities space (green space was created) and buffers. He
received a letter of support from one of the neighbors just prior to the hearing. He feels that the team
has been able to create a much better product after addressing many of the concerns from the neighbors
and from the P&Z Board.
Staff Analysis
Chief Planner Shepard provided an analysis, discussing the challenges of the parcel and demonstrating
how each proposed modification exceed standards and are "equal to or better than" and/or "nominal and
inconsequential' to the overall design. He described each of the standards being applied and their
compatibility with the parcel.
Public Input
Charles David Ham, 3324 A Hickok, discussed the compatibility issues with 2-story and 3-story buildings,
including the issues surrounding the density issues. He recommended continuance of this project in
order to address some of the concerns brought up last November.
Bob Miller, 3611 Richmond Drive, has a concern with the number of parking spaces proposed,
specifically mentioning the limited parking on Shields and Richmond. He recommended the installation
of more parking spaces and traffic lights.
Kenneth Orgoglioso, 3641 Richmond Drive, feels the development is attractive, but he has concerns
about surrounding neighbors, the agricultural community, and the new neighbors at Copperleaf relating
to the egress situations being proposed, saying that being forced into a right-hand egress is very
dangerous.
Sean Jensen, 3367 Santa Fe Court, has a concern that the density is too high for the area and would be
better suited for a different location. He feels that this situation is continuing and only the cosmetic
issues have been addressed.
Planning & Zoning Board
January 12, 2017
Page 8
materials for this hearing and the board discussion on this item. Member Rollins seconded.
Member Hobbs is not sure the proposed LUC changes will properly protect the prairie dogs, but
determines how the prairie dogs are eradicated in a reasonable and humane way. Member Carpenter
asked to clarify about the methods of mitigation for this motion, Assistant City Attorney Yatabe stated that
the proposed LUC changes do not address the method by which prairie dogs can be exterminated;
rather, the City is preempted under State statute for mitigation methods. Interim Chair Schneider does
not see the benefit of regulation, and it appears that it will result in higher development costs. Interim
Vice Chair Hansen agrees, adding that this would simply establish more hurdles for developers. Vote:
4:2, with Members Hobbs and Whitley dissenting.
Member Hobbs made a motion that the Planning and Zoning Board recommend to City Council
approval of the proposed Land Use Code changes relating to "sensitive and specially -valued
species" as defined in the staff report for the Prairie Dog Management section. Member
Carpenter seconded. Vote: 6:0.
Member Hansen made a motion that the Planning and Zoning Board recommend to City Council
approval of the miscellaneous LUC pertaining to the natural habitats and definitions along with
wetlands for the Prairie Dog Management section, based upon the findings of fact contained in
the staff report that is included in the agenda materials for this hearing and the board discussion
on this item. Member Whitley seconded. Vote: 6:0.
Board took a short recess at 8:23pm and returned at 8:35pm.
Project: Copperleaf PDP
Proiect Description: Request for a Project Development Plan for a multi -family project consisting of 94
units on 2.98 acres, 110 bedrooms, 147 parking spaces, zoned M-M-N, Medium Density Mixed -Use
Neighborhood. The request also includes three modifications of standard for the size of the private park,
setbacks along two property lines and length of the rear wall of garages.
Recommendation: Approval
Staff and Applicant Presentations
Chief Planner Shepard gave a brief overview of this project, listing the number of buildings, units, zoning,
and the 3 modification requests:
• To allow the length of the garages to exceed 55 feet;
• To allow less than 10,000 square feet for private park/central feature/outdoor gathering area, and
• To allow less than 25 feet of buffer along portions of the north and south property lines.
He disclosed that he just received a citizen email in support of this project and wanted to enter it into the
record. Secretary Cosmas reported that, since the work session, she has received a memo from staff
referencing public comments from November 2016, a voice message from a citizen in opposition to the
project and one citizen email in support of this project.
Assistant City Attorney Yatabe also confirmed with the two new Board members (Rollins and Whitley)
that they have had a chance to review the November record for this project.
Planning & Zoning Board
January 12, 2017
Page 2
• While the City staff provides comprehensive information about each project under consideration,
citizen input is valued and appreciated.
• The Board is here to listen to citizen comments. Each citizen may address the Board once for
each item.
• Decisions on development projects are based on judgment of compliance or non-compliance with
city Land Use Code.
• Should a citizen wish to address the Board on items other than what is on the agenda, time will
be allowed for that as well.
• This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure
that everyone who wishes to speak can be heard.
Planning Director Gloss reviewed the items on the Consent and Discussion agendas, as well as the two
items under "Other Business", for the audience.
Public Input on Items Not on the Hearing Agenda:
None noted.
Consent Agenda:
1. Draft Minutes from December 15, 2016, P&Z Hearing
Public Input on Consent Agenda:
None noted.
Member Hobbs made a motion that the Planning and Zoning Board approve the January 12, 2017,
Consent agenda. Member Carpenter seconded the motion. Vote: 6:0.
Discussion Agenda:
2. Gateway at Prospect Rezoning and Overall Development Plan
3. Land Use Code Changes Related to Natural Resources and Prairie Dog Management
4. Copperleaf PDP
Project: Gateway at Prospect Rezoning and Overall Development Plan
Proiect Description for Rezoning: This is a request to rezone 12.27 acres of land currently zoned L-M-
N, Low Density Mixed -Use Neighborhood and 9.71 acres of land currently zoned E, Employment, a total
of 21.98 acres, to M-M-N, Medium Density Mixed -Use Neighborhood zone district. The rezoning request
is being submitted in conjunction with an Amended Overall Development for the vacant land located
generally at the northwest quadrant of 1-25 and East Prospect Road. This area includes 177 acres and
was formerly known as Interstate Lands O.D.P. The site is presently zoned, from east to west, C-G,
General Commercial, E, Employment, L-M-N, Low Density Mixed -Use Neighborhood, and U-E, Urban
Estate.
Jeff Schneider, Interim Chair
Jeff Hansen, Interim Vice Chair
Jennifer Carpenter
Emily Heinz
Michael Hobbs
Ruth Rollins
William Whitley
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Regular Hearing
January 12, 2017
Member Schneider called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hansen, Hobbs, Rollins, Schneider, and Whitley
Absent: Heinz
Staff Present: Gloss, Yatabe, Richter, Olson, Shepard, Everette, Frickey, Blochowiak, Hahn,
Ragasa, and Cosmas
Election of Interim Officers
Member Hobbs made a motion that the Planning and Zoning Board elect Member
Schneider as Interim Chair; Member Whitley seconded. Vote: 6:0.
Member Carpenter made a motion that the Planning and Zoning Board elect Member
Hansen as Interim Vice Chair; Member Hobbs seconded. Vote: 6:0.
Agenda Review
Interim Chair Schneider provided background on the board's role and what the audience could expect as
to the order of business. He described the following procedures: