Agenda Item Title:
18PD029 - Appeal of Planning Commission's decision on an Initial Planned Development Overlay to allow an apartment development
Origination Group:
Planning Commission
Origination Meeting Date:
12/06/2018
City Council Hearing Date:
02/19/2019
Petitioner:
KW Commercial for Samuelson Development, LLC
Staff Contact:
John Green, Current Planner I
Location:
Northwest of the intersection of Mount Rushmore Road and Fox Road
Agenda Item Summary:
UPDATE: This item was continued at the January 7, 2019 City Council meeting to allow the applicant to submit additional photo simulation information showing the apartment building along Mt. Rushmore Road lowered to three stories. Upon receipt of the photo simulations comparing the “all 4 story” layout (4-four story structures) with the mix of 3 and 4 stories (1-three story structure with 4-four story structures), staff met with six area property owners to review the information. They clearly stated that they do not support apartment development at this location, however; if they have to choose between the two options, they preferred the “all 4 story” layout in order to preserve the open space within the western portion of the property. The neighbors noted several concerns regarding, screening, lighting, trash receptacle locations, drainage, traffic, signage, landscaping and structural design. The applicant reviewed their concerns and indicated that he is willing to work with the neighborhood to address their comments. Attached are revised stipulations of approval for the “all 4 story layout” that addresses several of these concerns. The applicant has submitted an Initial Planned Development Overlay application to allow an apartment development on property located northwest of the intersection of Fox Road and U.S. Highway 16 Service Road/Mount Rushmore Road. The apartment development includes five, 4-story apartment buildings with 325 to 350 units, a community room, garage structures and an outdoor swimming pool. The eastern two-thirds of the property are zoned General Commercial District, with the balance of the property zoned General Agricultural District. Two rezoning applications were submitted concurrently with the Initial Planned Development Overlay application to rezone the property to Office Commercial District, within which multifamily apartment buildings are a permitted use. Because the applicant is proposing five separate apartment buildings, a Planned Development Overlay is being requested to allow more than one principal residential structure on the property. In particular, the applicant is requesting an Initial Planned Development Overlay for the apartment complex to secure approval of the proposed project prior to submitting the detailed design information required with a Final Planned Development application. This application includes an Exception request to allow a 4-story, 48.4 foot height in lieu of a maximum 3-story, 35 foot height allowed in the Office Commercial District for the apartment structures. Please note that a Final Planned Development must be approved by the Planning Commission prior to issuance of a building permit. Should this application be approved, the applicant must address concerns such as landscaping, parking, site layout, and traffic as part of the Final Planned Development application.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Recommendations:
Origination Recommendation Notes:
Planning Commission Continued to the December 6, 2018 Planning Commission Meeting at the applicant’s request: 11/8/2018; Planning Commission Denied due to a 4 to 4 tie vote: 12/6/2018; Appealed 12/6/2018
City Council Recommendation Notes:
Appeal of Planning Commission’s Decision to Deny; City Council Continued to February 19, 2019 City Council Meeting: 1/7/2019; City Council overturned Planning Commission's decision to Deny and Approved with Stipulations (5-4) with Modrick, Salamun, Armstrong and Drury voting no.