HomeMy WebLinkAboutItem No xx 17-3944 srItem No.:
13
Date:
July 10, 2017
Item Description: 17-3944 Westwood Professional Services o/b/o Ugorets 8098, LLC, 2520 Shadywood Road, Rezoning and Master Plan
Presenter:
Jeremy Barnhart, Community Development Director
Agenda Section:
Planning Department Report
Purpose. The purpose of this action item is to consider a rezoning and master plan for a proposed 40 unit condominium building on 3.11 acres at 2520 Shadywood Road.
15.99 Deadline July 17, 2017
Background/ Summary. The property owner is requesting rezoning and master plan approval for proposed 40 unit condominium building on 3.11 acres generally south of the Freshwater Business
Center. The building is proposed to be about 48 feet high, 4 stories plus a penthouse and developed as an RPUD (Residential Planned Unit Development).
The Council may recall reviewing this project as a sketch plan in March. At that time, the project was a 49 unit apartment building. The Council had noted concerns with the height
of the building. In preparation for a new submittal, the applicant held a neighborhood meeting in April, and the results of that meeting are included in Exhibit A. The number of units,
density, and type of project have changed from the original submittal. The building height has not changed.
There are two other buildings in town higher than 30 feet defined height, Stonebay Condominiums and Orono Woods, both multi-family buildings. In the review of those projects, the Council
concluded that a three story multifamily building is difficult to achieve in less than 30 feet, due to building codes. This would appear to support 3 levels, but not a fourth.
The proposed use of the property is consistent with the guidance of the Comprehensive Plan. The attached PC report outlines the project in greater detail, including the waivers necessary,
which are summarized in the following table:
RPUD District Minimum SFR Standard
Proposed
Lot Standards
Flexibility Required?
Minimum project size:
5 acres
2.63 acres
Yes
Minimum lot size:
15,000 square feet
2.63 acres
No
Minimum distance from OHW
250’
+1000 feet
No
Minimum front building setback:
50 feet
35 feet
Yes
Density:
Developments with proposed density in excess of the densities contemplated by the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial
use.
Proposed on B-4
No
Minimum side yard setback:
35 feet
37 feet
No
Minimum rear yard setback:
Lesser of 40’ or
20% of lot depth (30 feet)
Lesser of 40’ or
20% of lot depth
No
Maximum FAR:
1.0
unknown
TBD
Wetland building setback:
85 feet
75 feet, to be verified
TBD
Private Recreational Area:
10% of gross project area
0% proposed
Yes
Building height:
Maximum of 30 feet
Between 36 and 48’8”, to be verified
Yes
Building Roof
Flat roofs prohibited
Flat roof
Yes
Hardcover
50%
36.1%
No
Due to the “big picture” nature of the RPUD zoning district, waivers from the RPUD requirements are common. The Council should determine if the waivers requested are appropriate for
the given project and site.
Planning Commission vote and comment. The Planning Commission, after the public hearing on June 19, 2017, recommended denial of the project with a vote of 6-0. Their primary concerns
were height, and its impact on the neighborhood. Commissioners, responding to concerns with density and traffic, commented that the traffic levels are beyond the control of the city,
and that the proposed traffic demand is actually less than many other likely uses. They also commented on the need for density in the city and cautioned against ‘kicking the can down
the road.” Their vote “no” was in part a response to the applicant’s request to provide a recommendation to the City Council immediately, staff had recommended tabling.
Public Comment. There has been substantial public comment in the form of an online petition and individual comments attached as Exhibits G and H, respectively. Primary concerns have
centered on traffic in an already congested area, size of the building, impacts to wetlands and wildlife, and the use of the property. Public comments at the meeting included concern
that the waivers requested would harm the character of the neighborhood and the community at large.
Staff Recommendation. It is recognized that any development will increase traffic in the area. It is also recognized that any development will address the wetland protection ordinances
in place. The proposed density, assuming a reduction in units to achieve Council’s height goals, would be consistent with the comprehensive plan, as does the multifamily use of the
property. Staff recommends approval of the project, subject to direction as to the height of the building. The Council should provide direction as to a response to the waivers listed,
including what they feel is an appropriate height, and direct staff to prepare the resolution.
COUNCIL ACTION REQUESTED
Direct staff to prepare a resolution approving, modifying, or denying the proposed project.
Exhibits
Exhibit A. Plans
Exhibit B. Draft PC Minutes
Exhibit C. PC Staff Report
Exhibit D. Traffic comparison
Exhibit E. Applicant’s Traffic analysis
Exhibit F. Applicant’s narrative
Exhibit G. Resident petition
Exhibit H. Resident comments
Exhibit I. Council minutes, March 13, 2017
Exhibit J. RPUD standards
Exhibit K. Staff comment letter