HomeMy WebLinkAbout(REDWOOD) MODIFICATION FOR CONCORDE CAPITOL - MOD - 15-99 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
September 6, 1999
Page 7 of 10
Member Colton agreed with Member Craig. He supports affordable housing, but he felt
that there was not enough information given to the Board or to the citizens to make an
informed decision.
The motion was approved 5-2 with Members Craig and Colton voting in the
negative.
Project: Townhomes at Timber Creek PUD - Preliminary, #16-
89N
Project Description: Request for 66 dwelling units on 5.16 acres. The site
is located at the northeast corner of Timberline Road
and Timber Creek Drive. The parcel is zoned RL,
Low Density Residential.
Recommendation: Approval with one condition.
Hearing Testimony, Written Comments and Other Evidence:
Member Craig did not need a presentation. Her concern was that she found one of the
points of the LDGS review to be incorrect in her opinion. The points were about
development being within 4,000 feet of an existing community shopping center.
Planner Jones wanted to clarify the fact that Planner Shepard has been the Project
Planner on the project, so he would do his best to address any questions due to Planner
Shepard being on vacation. Planner Jones stated, that he and other staff members
researched the files to find the justification of the awarding of those points. Harmony
School Shops did not meet the criteria, neither did the Harmony Village project.
However, Harmony Village was very close. Planner Jones stated his definition of
existing meant that the infrastructure was in place and the water and sewer lines were
in place.
Planner Olt stated for the record, in the LDGS the definition of existing development,
shall mean any subdivision in the city which has been approved and recorded once all
engineering improvements (water, sewer, streets, curbs, gutters, streetlights, fire
hydrants and storm -drainage) are installed and completed. Planner Olt made a site visit
and found all of the preliminary site grading had been done and the streets and
driveways were rough cut and grated. He did see standing fire hydrants, which told him
the water lines were in place. The storm sewers and sanitary sewers were being put in
while he was there. They were moving quickly to finish that project. He would agree
that it did not meet the requirement today, but it is extremely close. This definition was
stated on page 115. All development has been completed on a subdivided parcel, so
Planning and Zoning L Ord Minutes
September 6, 1999
Page 6 of 10
Mr. Eckman stated that the project could still be submitted at the 8 units per acre or the
project could come back to the Board as a Type II project with a modification request
which is the same or different. The applicant would still have options.
Planner Jones suggested approval with conditions. The Board could approve the
project with a statement of when the neighborhood meeting would need to be held.
Member Torgerson asked Planner Jones if it would be a benefit to hold the
neighborhood meeting after there has been some development of plans to present at a
meeting of that sort.
Planner Jones stated it would be good to have concept designs on paper, which was
why he felt the neighborhood meeting, was not necessary prior to the modification.
Member Torgerson mentioned the fact that the applicant clearly has not prepared any
development plans.
Mr. Brown stated that he was aware of a second point of access that they would have to
work on achieving during the development of the plan. There would be a traffic study
completed on the proposed project.
Member Torgerson felt the previously scheduled neighborhood meeting was premature
anyway.
Planner Jones requested the applicant bring photos of similar developments completed
elsewhere to the original meeting for concept designs only, but not to discuss the design
of the development at that meeting. There was a lot of work left to bring the
development up to code standards. Planner Jones was agreeing with member
Torgerson's point.
Member Torgerson mentioned that many of the citizen concerns that have been brought
up do not have to do with density, but with design, which has not been determined.
Member Gavaldon moved to approve the project with an added condition made
by Member Carpenter that a neighborhood meeting was to be held and another
amendment made by Member Torgerson that the project is to be limited to 150
total units.
Member Meyer seconded the motion.
Member Craig could not support the motion. She was uncomfortable with the idea that
deciding if a project was or was not detrimental to the community at that point was not
feasible. With no plans on which to decide, she found it very difficult to make an
approval. She felt as if she would have this same problem with many of the
modifications of this sort.
Planning and Zoning Briard Minutes
September 6, 1999
Page 5 of 10
Member Carpenter asked if the project would be considered a Type I review if the
modification request was granted. She noted the other option would be to make it a
Type Il.
Planner Jones said it would have to have the modification within a Type II request also,
but the applicant has the right to separate the modification from the rest of the
application in either case. If the modification were not granted, the applicant would not
be able to build at the density over 8 dwelling units per acre. The applicant could ask
for a slightly different modification if this request was denied. The project could come
back as a combined Type II or a different modification that has been separated from the
Type I review.
Member Carpenter noted that a Type I review does not require a neighborhood
meeting, so she was concerned about proceeding with the modification.
Planner Jones pointed out that the applicant has agreed to have the neighborhood
meeting.
Member Carpenter was concerned that after the fact it would not happen.
Member Craig asked about entrances to the site that are existing.
Planner Jones showed Member Craig what was existing. There was only one area that
was not developed. There is a single-family area that would be built to act as the buffer
between the neighborhoods. Planner Jones commented about the citizen's concerns
about only half of the street getting notification. The mailing was to the residences
within 500 feet of the development site. It was possible that parts of Lupine Drive were
farther than that distance.
Member Craig asked if the staff did not check to see which neighbors obtained mailings.
Did the citizen who called the office receive one?
Planner Jones reviewed the area notified on the original list and obtained additional
names to be added to future lists. He sent out a informational mailing to the original
residences and the additional residences notifying them that the neighborhood meeting
would be held at a later date and that the hearing was still scheduled. The people on
Lupine should have received the informational mailing.
Member Carpenter again wanted to review the options for making a decision, including
approval, denial, or continuation. If the project were denied, what would that do to the
project?
Planning and Zoning Board Minutes
September 6, 1999
Page 4 of 10
Planner Jones said the neighborhood meeting would assist the development at earlier
stages, instead of at the administrative hearing at the end of the process. The mailing
was a staff error, but another neighborhood meeting was planned to take place before
the submittal of the Project Development Plan within approximately two weeks.
Member Gavaldon asked if there was a benefit to have the meeting before the
modification.
Planner Jones responded that the benefit would be to answer questions of the
neighbors about the project. The primary discussion of the meeting would be the details
of the site and the design. Planner Jones felt that the modification could be approved
with the condition that a neighborhood meeting be completed before the submittal. This
was a Type I project which did not require the meeting as a Type 2 would.
Member Gavaldon asked Mr. Lamar for clarification of the 40 neighbors who were
concerned about the project.
Mr. Lamar stated there were 34 people who were concerned about the project and 10 of
the people came to the meeting that was cancelled. The neighbors felt as if they didn't
know anything about the project.
Member Gavaldon asked if the neighbors received the correction notification letter.
Mr. Lamar said they did receive the correction letters, but it was after the meeting. He
was the President of the Homeowners Association, and he did not personally receive a
notification, only in the Association box.
Member Bernth asked if there was a way to set up the meeting during the hearing
because all of the appropriate people were present.
Mr. Brown was unsure of the specific process, but he did understand that the
neighborhood meeting would take place before any submittals of the Project
Development Plan. The applicant has been waiting to find the outcome of the
modification request to begin the designs. Mr. Brown did not know when he would have
the design information ready to present at a neighborhood meeting. He would be more
than happy to hold a general meeting about the nature of the project right away, but the
applicant would still have to go back to the drawing board again before bringing the
plans to the development review staff.
Member Bernth would like the meeting to be arranged tonight if possible.
Planner Jones reminded the Board that there is a two week notification period for
meetings. The staff would have to confirm the dates. September 8ch was mentioned as
a date for the meeting. Planner Jones asked if we could obtain the telephone number
of the President of the Association for future collaboration of meeting dates and times.
Planning and Zoning B(,w,d Minutes
September 6, 1999
Page 3 of 10
Mr. Brown only knew that the development fees would be deferred until the completion
of the project. The review fees would be waived completely.
Planner Jones also added that an affordable housing projects receives priority
processing. The review time is cut in half to save time and money.
Member Colton asked for clarification of the modification and why staff felt it should be
approved.
Planner Jones reviewed that in LMN zone, 8 d.u. per acre is allowed, but in a qualifying
affordable housing project on a site of 10 acres or less, the developer is allowed to have
12 d.u. per acre. Planner Jones reviewed the criteria necessary to grant the
modification as stated in Section 2.8 of the LUC. Staff believed the applicant had met
all of the criteria necessary.
Public Comment:
Bob Lamar, 636 Lupine Drive, had a question concerning the extension of Lupine Drive.
He felt most of the neighborhood disagreed with the extention. Mr. Lamar asked if there
would be a manager on the property. He has had negative experiences with the people
living in low-income housing. He has not seen managers available in other low-income
areas. Mr. Lamar was concerned about the safety of the young children who live in the
Redwood neighborhood if the road was connected and widened. Mr. Lamar asked if
there would be a buffer or a fence between the properties and would there be
communication between the associations. He felt there would be a lot of opposition
from the Redwood neighborhood about this project.
Discussion:
Mr. Brown described a similar development the company managed. There would be an
on -site manager and maintenance available. The company required all tenants to sign
on the lease. Lupine drive is planned to extend through with a buffer of new single
family homes.
Member Meyer asked if any neighborhood meetings were held.
Mr. Brown had attempted to have a meeting. The notice went out to the residences with
the incorrect date. Planner Jones sent a letter to the residents addressing the issue.
Member Colton felt that if there were enough unanswered question, the Board could
possible continue the project, or approve it with conditions.
Mr. Brown did want to point out that a neighborhood meeting was not required for the
project, but he agreed to have a meeting.
Planning and Zoning B(,-,d Minutes
September 6, 1999
Page 2 of 10
Hearing Testimony, Written Comments and Other Evidence:
Planner Troy Jones gave a short presentation on this project. The site size was
corrected to 16.11 acres from 13.46 acres. The proposal includes 150 units with the
density 9.3 dwelling units per acre. The applicant was requesting a modification to the
Land Use Code Section 4.4 (D)(1)(b), which allows affordable housing projects that are
on sites smaller than 10 acres to build at a density up to 12 units per acre. The
applicant was asking that the 12 dwelling unit per acre be extended to his parcel, which
was over the 10 acres necessary for affordable housing. By granting this modification,
the density would become the 9.3 d.u. per acre instead of the 8 d.u. per acre as allowed
in the LMN zone. There was no design for the site available. The applicant was merely
finding out what density would be allowed on the site in the modification.
Member Colton asked if the modification was to change the dwelling units per acre.
Planner Jones responded that the modification was to extend the qualifying affordable
housing site size from 10 acres or smaller to the applicant's 16.11 acres. The Board
may want to place a condition limiting the project to only 150 units as a maximum.
Phil Brown, Concorde Capital Corporation, representing the applicant, apologized for
the change of acreage. There was confusion with the legal description of the site. The
applicant was looking to increase the density of the overall site to spread out the cost
over more acreage. This modification would assist the developer in overcoming some
of the costs of an affordable housing project. The area was primarily single family in
nature. The project consisted of 6 unit townhouse and ranch -style buildings, which the
applicant believed was a good blend within the neighborhood.
Member Bernth asked where the additional acreage came from in the site to make the
16.11 acres.
Mr. Brown noted that the legal description as it was stated showed a larger parcel. The
land was excepted many times and there was difficulty with the title work, which made
for the confusion of the actual parcel size. Some of the documents were not legible, so
it took time and coordination of many people to find the actual size.
Member Torgerson asked if the applicant still intended to build out the same number of
units.
Mr. Brown responded that yes, they would build at the 150 units. With the site size
increased, it allowed the applicant more flexibility to meet the goals of the City in
regards to parks and open space.
Member Gavaldon asked if the applicant enjoyed any opportunities and incentives by
developing a project as affordable housing, which would possibly have a positive effect
on reducing the fixed costs.
Council Liaison: Scott Mason
Chairperson: Glen Colton
Vice Chair: Sallv Craiq
Staff Liaison: Bob Blanchard
Chairperson Colton called the meeting to order at 6:32 p.m.
Phone: (H) 225-2760
Phone: (H) 484-9417
Roll Call: Bernth, Meyer, Gavaldon, Craig, Torgerson, Carpenter, and Colton.
Staff Present: Olt, Eckman, Jones, Virata, McCallum, and Kuch.
Agenda Review: Current Planning City Planner Steve Olt reviewed the Consent
Agenda:
Consent Agenda:
1. Minutes of the January 21 and February 18, 1999 Planing and
Zoning Board Hearings. (continued)
2. Modifications of Conditions of Final Approval
3. #15-99 Modification of a Standard for Concorde Capital Affordable
Housing Project
4. #75-86W English Ranch South PUD, Third Filing — Preliminary and Final
5. #16-89N Townhomes at Timber Creek PUD - Preliminary
Consent Item 1 was continued. Staff pulled item 3 and Member Craig pulled item 5 for
discussion.
Member Gavaldon moved for approval of Consent items 2 and 4.
Member Carpenter seconded the motion. The motion was approved 7-0.
Project: Modification of a Standard for Concorde Capital
Affordable Housing Project, #15-99
Project Description: Request for a modification of Land Use Code Section
4.4 Low Density Mixed -Use Neighborhood District,
(D) Land Use Standards, (1) Density, specifically,
Section 4.4 (D)(1)(b)
Recommendation: Approval