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Memo from Planning~~c Requested Changes to the Agenda: M ~'j~y Legal is requesting a Department Report ~^°qy?0?o ~ E x e c u t i v e S e s s i o n s h o u l d b e v a c a t e d fr o m t h e a g e n d a. ( S o r u m o r h a s i t, an y w a y) ~~ ~ 8 ~~~~~~~ Final Plat: Verona Subdivision No. 4 '~c~ Outstanding Issues before Council: None known. Staff Recommendation: Approval; the final plat substantially complies with approved PP. Applicant Provided Written Agreement with Conditions: Yes Project: Regency at River Valley Location: 2500 N. Eagle Road, approximately 1/2 mile north of the Fairview/Eagle intersection on the east side of Eagle Road Applications: annexation and zoning, conditional use permit, and variance Highlights of Proposed Development: The annexation request is for one commercial property (GC zoning) and one multi-family property (R-40 zoning). The conditional use permit is for a multi-family development. The applicant is proposing 204 rnulti-family living units within 9 apartment buildings, a clubhouse, swimming pool area, a putting green, several gazebos, an entry water feature, pathways, extensive landscaping, and a playground area. 18% or 1.91 acres of useable open space is provided. The gross residential density of the development is 19.3 dwelling units per acre UDC 11-3C-6 requires 360 covered spaces and 48 uncovered spaces on the site for a total of 408 spaces. There are 7 garage structures depicted on the plan that contain 6 parking spaces each for a total of 42 enclosed spaces; 253 carport parking spaces are also provided that allow for a total of 295 covered spaces; and 113 open stalls are provided for a total of 408 parking stalls provided on the site. A variance is requested for a reduction in the number of covered pazking spaces required; the applicant is 65 covered parking spaces short. Staff was unable to make the necessary findings for the variance and is not supportive of the request. Elevations: Yes; there are four different building elevations, plus the clubhouse elevation. The structures are all proposed to have brick veneer masonry, stucco, stone veneer, and fiberglass- reinforced asphalt shingles. All of the structures are 2-3 stories in height, have the same architectural design and appearance but are different in size based on how many units they contain. One single-story clubhouse structure is also proposed with the same construction materials as the multi-family structures. Commission Recommendation: approval at their March 20, 2008 public hearing. Summary of Commission Public Hearing: i. In favor: Lars Anderson, Bach Homes; Scott Stanfield, Mason St~eld Engineering ii. In opposition: None iii. Commenting: Andrew Wilk iv. Written testimony: David Kleiner; Andrew Wilk 5/20/2008 Key Issue(s) of Discussion by Commission: i. The addition of an emergency access driveway to the site from Allys Way; ii. Support of the request for annexation of 1.5 acres with a C-C zoning designation if the Variance request for a temporary access to Eagle Road is withdrawn; iii. Removal of one of the multi-family structwres in order to provide covered parking as required by the UDC for multi-family developments; iv. The request for a variance for a reduction in the number of covered parking spaces required; v. The encroachment of structures and landscaping within the easement for the Stokesberry/Downey Lateral along the south boundary and the proposed relocation of the lateral and easement further to the south; vi. Allowance of a 5-foot wide multi-use pathway through the site within a public use easement and signage identifying it as a public pathway if a 10-foot wide pathway is constructed along Allys Way and E. River Valley Road, as approved by the Farks Department; Key Commission Change(s) to Staff Recommendation: i. Required an emergency access only driveway to Allys Way; ii. Required a multi-use pathway on the site in accordance with Parks Department comments; iii. Removed the temporary access request (Variance) to Eagle Road; and iv. Recommendation of approval is based on the applicant and NMID reaching an agreement pertaining to the relocation of the Downey Sublateral. Outstanding Issue(s) for City Council: i. The Commission was supportive of the requested variance for a reduction in the number of covered pazking spaces required; staff is not supportive. If the parking variance is not granted a new site plan should be submitted. Written Testimony since Staff Report: i. Letter from Mr. David Kleiner for Apri122, 2008 hearing requesting that you add a provision to the DA requiring Bach homes to reimburse Kleiner for'/z the ROW at fair market value; that you defer approval until Kleiner finalizes property boundary with CenterCal; and that you requixe Bach Homes to discuss location of access drives so as to mi~nimize adverse impacts and that Kleiner should be free to present alternative locations. ii. Response from Mr. Lars Anderson dated May 13, 2008 objecting to the reimbursement for ROW and committing to additional construction beyond what is required by ACHD and objecting to a delays associated with boundary negotiations and potential access points. Notes: 5/20/2008