5.1 PCSR 10-28-2014 El ,....„ Request for Action
River
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Planning Items October 28, 2014 Chris Leeseberg, Park Planner- Planner
Item Description Reviewed by
Request by Roger Derrick/Washington Street Jeremy Barnhart, Deputy Director, CODD
Investors,LLC for Conditional Use Permit for Reviewed by
PUD -West Oaks Fifth and Sixth Additions, Case
No. CU 14-20—Public Hearing
Action Requested
Recommend,by motion, approval of the request by Roger Derrick of Washington Street Investor for a
Conditional Use Permit (CUP) to establish a Planned Unit Development (PUD) with the following
conditions:
1. A Planned Unit Development agreement shall be developed and signed by all parties prior to
issuance of a building permit.
2. The applicant will work with staff on developing a landscape plan and foundation planting that
provides for 25 new trees that meet ordinance requirements.
Overview
The applicant is platting Outlot A of West Oaks 4h Addition to create two final plats,West Oaks Fifth
and Sixth Additions. A zone change to Planned Unit Development (PUD) is needed to accommodate
the project. A Conditional Use Permit (CUP) is required to establish a PUD district.
Background/Discussion
The applicant is in the process of requesting a Zone Change, Preliminary Plat, Final Plat, and CUP for
Outlot A of West Oaks 4th Addition.
With the exception of the CUP, the Planning Commission has reviewed all of these applications and
recommended approval of them to the City Council. The City Council will review all the applications at
their November 3,2014 meeting.
Building and Architecture
Floor plans and elevations have been included with the application, and the designs of the buildings are
consistent with the existing architecture.
Setbacks
The previous preliminary plat was approved prior to the newer, more stringent,wetland setback
requirements and no longer complies. The PUD zoning provides flexibility from the strict application of
the R3 zoning district to the mutual benefit of both parties through an open, transparent review of a
project, in lieu of a number of variances, some of which could not be granted.. The project will be
patterned to be consistent with R-3.
IRMERER IT
[NATURE
Landscaping
No landscape plan was submitted with this proposal but a landscape plan was provided in 2003 for the
entire development. That plan shows approximately 25 trees in the subject area. Staff recommends that
the applicant work with staff on developing a landscape plan that provides for 25 new trees.
The wetland buffering requirements are intended to separate impervious surfaces from the wetlands, to
allow storm water to cool, drop pollutant, and infiltrate before entering the protected waters. The
applicant should revise the landscaping plan to provide for these benefits,in lieu of providing the
required buffer.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. Will be served adequately by and will not adversely affect essential public.facilities and services including
streets,police and fire protection, drainage, refuse disposal, water and sewer ystems,parks and schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares. •
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons orpropery because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the czy.
If denial of such a permit should occur,it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for a CUP as outlined, it appears that the request is consistent with all of
these standards.
Analysis
Comprehensive Plan
High Density Residential: This land use category consists of multiple family attached housing oriented in
a vertical fashion,more commonly referred to as apartments and condominiums. This land use category
may accommodate a combination of side by side townhomes and multi-story buildings. The densities
targeted in this category are over 8 dwelling units and up to 20 dwelling units per acre.
Financial Impact
None
Attachments
• Location Map
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