PC Minutes 5/19/08  DRAFT

ITEM NO. 2         PRELIMINARY DEVELOPMENT PLAN FOR UNIVERSITY PARK; 1301 IOWA ST (PGP)

 

PDP-02-02-08: Preliminary Development Plan for University Park, located at 1301 Iowa Street. The plan proposes an infill development containing 42 single family homes on approximately 9.27 acres. Submitted by Allen Belot, on behalf of Mt. Oread Development LLC, for Calvin & Annaliese Engelman, Robert Green Trustee, Joan Huber and 7G’s LLC, property owners of record. (Deferred from the 03-24-08 Planning Commission meeting)   

 

STAFF PRESENTATION

Mr. Paul Patterson stated that a deferral of the item had been requested by attorney Ron Schneider, representing Bob and Betty Lichtwardt (the deferral request was included as communication in the Planning Commission online packet.)

 

Mr. John Miller, staff attorney, advised the Planning Commissioners that the deferment decision was up to them and that if they would like to hold a public hearing they had the legal authority to do so.

 

Commissioner Moore asked if the item would still be heard by the Board of Zoning Appeals if Planning Commission decided to hear the item tonight.

 

Mr. Miller replied, yes, the item will still be heard by the Board of Zoning Appeals in June.

 

Commissioner Harris asked if the Board of Zoning Appeals could find what Planning Commission does inappropriate.

 

Mr. Miller said that it was possible that the Board of Zoning Appeals could find that Planning Commission was incorrect.

 

Commissioner Harris inquired about the ramifications of their decision.

 

Mr. Miller stated that there is a 30 day appeal procedure and anyone can appeal the decision of the Board of Zoning Appeals, so the applicant would have the ability to do so.

 

Planning Commission agreed to hear the item tonight instead of deferring it.

 

Mr. McCullough stated that the Code requires that when you rezone to a PD Overlay you have to have a concurrent PDP application with that, so they are processed concurrently. At the previous Planning Commission meeting the hearing was opened for the PD rezoning first and was recommend for approval then the PDP hearing was opened. Planning Commission determined that the applicant should go back to the neighborhood and work out issues. Staff agreed that night to hold the PD rezoning request until the PDP caught up with the PD rezoning request. Legal notice was posted in the paper for the PDP. There was no need to do that with the PD since Planning Commission already considered that and made a recommendation for City Commission. He believed that Mr. & Ms. Lichtwardt were appealing that process of separating out the PDP from the PD because they did not believe that they can be separated. They felt that if the PDP was changed substantially that the PD rezoning had to be reopened and reheard. This was not staffs position. Staffs position is that it is still running its process and that the PDP that was previously heard is still the same conceptual plan. The decision making body has not seen either one.

 

Commissioner Eichhorn asked Mr. Belot if he meet with the neighborhood.

 

Mr. Belot said that he personally did not meet with the neighbors but that the developers did. He stated that the neighbors also met with staff. He said that the plan was changed to reflect those changes.

 

Mr. Ron Schneider explained the reasons for their deferral request and referenced the letter that was included in the Planning Commission online packet.

 

Commissioner Harris was concerned about legality issues and felt that they were following the spirit of the Code but she was not sure if they were following the law.

 

Mr. Patterson presented the item.

 

APPLICANT PRESENTATION

Mr. Allen Belot, gave a summary of the project since a few of the Commissioners were not present the last time the item was heard.

 

Mr. Matt Bond, City Stormwater Engineer, recapped the stormwater issues for the commissioners who were not present during the last meeting.

 

Commissioner Harris inquired about screening along Iowa Street.

 

Mr. Belot stated that the garages will face Iowa street and that the existing vegetation along Iowa Street will remain.

 

PUBLIC HEARING

Mr. Ron Schneider, attorney representing several neighbors, went over the 10 items of concern that were included in his letter to the Planning Commission.

 

Commissioner Moore asked if the conditions were met would the protest petition be withdrawn.

 

Mr. Schneider said that there were other people on the protest petition that were not his clients so he was not sure.

 

Commissioner Lawson asked Mr. Schneider about the moving of the quarry house.

 

Mr. Schneider said that it is an historic building and caution needs to be taken in order to preserve it.

 

Commissioner Eichhorn asked if the stone house was not moved would that leave enough room for a lot.

 

Mr. Belot replied no.

 

Commissioner Harris said that some of the requested changes are things that are already in the Code and she questioned why it was important to restate them as conditions since they are already in the Code.

 

Mr. Schneider said that the zoning and the plan are contingent of each other. He wanted to be cautious with future use of the property and felt that it was the prudent thing to do. He wanted it to state that the homes should be on separate lots.

 

Mr. Bill Kalinich, neighbor to the south, did a lot of work to circulate the petition. He said that it was easy to get people to sign the petition and that there are conditions under which they would withdraw the petition but he felt it was unlikely they would get those conditions. Most of the objection was that they feel the project was too crowded and that it was too many houses for too small of space. He also expressed concern about traffic congestion in the area.

 

Commissioner Eichhorn asked Bill how many lots he would like to see for the project.

 

Mr. Kalinich said that 20 lots would be better.

 

Mr. Dean Grob, expressed his concerns about restrictions being put on the property just because it was desired. He did not want restrictions put on the houses and felt that the City Code was sufficient.

 

Mr. Lee Eldredge, stated that he bought his home on Oxford due to it being on a cul-de-sac. He did not want to see the cul-de-sac be connected. He was concerned about extra traffic.

 

Commissioner Eichhorn stated that there are some situations in the City where there are back to back neighborhoods and the City would like for them to be connected.

 

Mr. Steve Hileman, was concerned about the Terrace Road configuration and large trucks using his driveway to turn around. He was also concerned about public parking for the park.

 

APPLICANT CLOSING COMMENTS

Mr. Belot, addressed concerns expressed by the public. He stated that the Homeowner Association documents are recorded with the final plat and there are certain conditions that have to be meet before being filed. He said that the Homeowner Association will deal with a majority of the common maintenance. He said that the stone weigh station can be moved delicately and an engineer will be hired to do an analysis prior to it being moved. Regarding the covenants, less than half of the project falls within the covenants area. He did not feel it was necessary to put more conditions on the plan than are already in the Code. He said the project complies with Horizon 2020, contains 25% lower density than allowed, does not require extension of streets or utilities, Quarry Park will become useable, and the development will be within walking distance of many public facilities.

 

Commissioner Finkeldei inquired about public concerns regarding a turnaround on Terrace Road and a parking lot for the park.

 

Mr. Belot said there needed to be further discussion with Fire Department and Public Works. He also stated that there are only five or six curb cuts on University Drive so there would be plenty of on-street parking for anyone going to the park.

 

COMMISSION DISCUSSION

Commissioner Harris asked if the Commission recommended adding conditions requested by the homeowners, would there be any objections.

 

Mr. Patterson felt that condition 7 had some merit. He said that Rockledge Addition was only a portion of the project so putting conditions on the entire project might not be appropriate for the other houses outside of the covenant area.

 

Commissioner Lawson inquired about parking for park.

 

Mr. Patterson stated that Parks and Recreation have no current plans to add parking spaces to park.

 

Commissioner Eichhorn was not opposed to adding condition 7 from Mr. Schneider’s letter.

 

Commissioner Harris felt that condition 7 was appropriate and she would recommend adding it. She felt that condition 4 would also not hurt and that the neighbors might be more comfortable with adding it.

 

Commissioner Eichhorn suggested that the developer, staff, and neighbors work through any screening issues.

 

Mr. Belot asked that the landscaping be consistent with a Type 1 bufferyard between Quarry Lane and 2136 Terrace Road.

 

ACTION TAKEN

Motioned by Commissioner Finkeldei, seconded by Commissioner Moore, to approve the following waivers and variances for University Park Preliminary Development Plan:

 

A. Waiver from the minimum lot size for RS7 lots from 7,000 square feet to a range of 4,441 to 8,183 square feet with the average lot size of 5,729 square feet.

B. Waiver from the required front yard setback from 25’ to 15’.

C.. Waiver from standard requiring sidewalks on both sides of streets, allowing project not 

     to have a sidewalk on the south side of Quarry Lane.

D.     Waiver from the required 60’ peripheral boundary between a Planned Development and abutting properties:

                                                               i.      Setbacks vary (from proposed 10’, 15’ and 20’ along the periphery where adjacent properties have rear yard setbacks of 30’.

                                                              ii.       Minimum PDP lot sizes along periphery boundaries vary from 5,044 square feet to 8,183 square feet. Abutting properties range in size from 7,950 to 12,617 square feet.

E.   Variance from Section 20-810(10)(v) to allow for a dead-end private alley located on Quarry Lane.

F. Variance from Section 20-810(d)(4)(i) to allow for 50’ wide right-of-way for local roads with additional adjoining 5’ and 10’ Utility easements.

 

Commissioner Harris stated that she would abstain from voting because she was not clear on process of having the item go to the Board of Zoning Appeals.

 

          Motion carried 8-0-2, with Commissioners Harris and Jennings abstaining.

 

Motioned by Commissioner Finkeldei, seconded by Commissioner Lawson to approve the University Park Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and forwarding the PDP to the City Commission for approval, subject to the following conditions (This recommendation includes the Planning Commission’s approval of the preliminary plat and the City Commission’s acceptance of the dedication of rights-of-way and easements).

 

1.      The approved uses for the University Park PD shall only be detached single-family dwellings, common open space, and additional land dedicated to the City’s Quarry Park.

 

2.      As required by subdivision regulations, street and sidewalk connections from University Drive to Oxford Road on Terrace Lane shall be provided at the previously stubbed out right-of-way from Oxford Road (Terrace Lane), with the improvements connecting to Oxford Road to be provided by the University Park development.

 

3.      An Agreement Not to Protest the Formation of a Future Benefit District for geometric and infrastructure improvements to Iowa Street (street widening, sidewalks, and turning lanes) shall be executed by the applicant and provided to the Planning Office prior to recording of the Final Development Plan.

 

4.      Provision of a revised Preliminary Development Plan with the following changes:

a.      Provide valley gutter and concrete apron on the west side of Quarry Lane connecting to Terrace Road.

b.      Per Section 20-1304(iii)(u) provide at least one north-south and one east-west elevation across the site to show typical site layout and grade.

c.      Per Sections 20-812(a)(3)(i) and 20-1304(d)(3)(g), provide grades of the proposed streets.

d.      Provide a hammer-head or turn-around to be shown on the PDP at the east end of Terrace Road to the approval of the Fire Department and City Engineer.

e.      Provide for the permanent closure of existing driveways on Iowa Street impacted by this project, upon completion of the University Park street improvements.

f.       Provide for the required water distribution main along University Drive to the approval of the Utilities Department.

g.      Deletion of the waiver regarding reduction of Common Open Space, as the waiver is not needed.

h.      Improvements to the park area as reflected on the Preliminary Development Plan will be completed by the University Park developer.

i.         Modify General Note No. 5 to read: “Construction of public improvements shown shall be provided through the formation of a benefit district or financed by the developer.” (Note - Water line installations for a subdivision are typically done by the developer and not through a benefit district.)

j.        Provision for additional screening meeting a Type 1 bufferyard between Quarry Lane and 2136 Terrace Road.

k.      Addition of the following general note to the PDP, “Each Single-Family Dwelling shall be no more than 2 stories in height. A lower drive-out level is also allowed in the back of the dwelling for a garage.”

 

5.   Submittal and approval of public improvement plans to Public Works Department and Utilities Department prior to the submittal of the Final Development Plan.

 

          Motion carried, 8-0-2 with Commissioner Harris and Jennings abstaining.