Agenda - Planning Commission - 02/06/2001

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CASE #: ~ RECONSIDER REQUEST FOR PRELIMINARY PLAT AND SITE PLAN APPROVAL OF ORCHARD HILLS; CASE OF HOMESTEAD MULTI-FAMILY DEVELOPMENT By: Community Development Director Sylvia Frolik Back~round: As you may recall, Mike Schneider of Homestead Multi-Family Development applied for preliminary plat and site plan approval of a 42 for-sale townhome development on the property located south of 153~a Avenue NW. and Bill's Superette and east of St. Francis Blvd. (State Highway #47). On December 5, the Planning Commission conducted a public' hearing and recommended Council approval of the preliminary plat and site plan for Orchard Hills. The plat did not implement the density transition requirements of City Charter Chapter 14. However, the Subject Property would have been exempted from density transitioning in the proposed ordinance that would establish that requirement in the Zoning and Subdivision Chapter of City Code, which ordinance the Planning Commission forwarded to City Council for adoption. Observations: On December 19, the City Council did not adopt the density transition ordinance. When the Orchard Hills development proposal was presented to City Council on January 9, the City Attorney advised the City Council to refer the Orchard Hills cases back to the Planning Commission to document discussion of the Charter requirement as it pertains to Orchard Hills and reasons for proceeding with the plat. Accordingly, City Staff has drafted findings of 'tact to document that the City Charter requirement for density transitioning was addressed. The findings of fact document that all versions of the draft density transition ordinance propose to exempt properties that were zoned for multi-family residential prior to the Charter amendment, provide the option for persons owning land adjacent to a development project to waive the density transition requirements if they feel it is not necessary, and recognize that the configuration of a parcel may make compliance with density transitioning impractical. The Orchard Hills property was zoned for multi-family prior to the Charter amendment, adjacent land owners have not objected to the proposed development, and the shape of the property makes compliance with the Charter requirement for a 1,000 foot graduated density transition plan impossible.