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Planning Commission <br />Meeting Minutes <br />March 8, 2018 <br />Page 2 of 14 <br />The area was originally platted into two residential lots in 1987 and re -platted in 2007 where one of the <br />lots was split into three, two were developed and two are vacant. Now, two different land owners are <br />proposing a new development of townhomes. Everything currently on the lot will be demolished. The site <br />plan layout also includes private streets and shared driveways, common open spaces, and two regional <br />trail connections to Coal Creek, one on City property and one on the private lot. All the townhomes would <br />be accessed by private driveways from two private streets. Common areas will be owned by the HOA. <br />Instead of yards, there will be a shared common open space. This is unique with this subdivision <br />compared to what the underlying zone envisions. <br />Zuccaro stated that the application went through preliminary approval with the previous makeup of the <br />Commission. The development is big enough that it requires a preliminary review. Tonight, the <br />Commission is reviewing the final review. Final reviews must be substantially the same as the preliminary <br />review. The changes between the two drafts include a community garden and a pavilion area. The street <br />network and private driveways have remained the same from the preliminary proposal. The preliminary <br />proposal had a conceptual drawing, which has been turned into an elevation with a material board for the <br />PUD. They still use a mixture of metal -seam roofs and asphalt -shingle roofs, a mixture of different types <br />of wood, metal, and cement -board siding. Staff has reviewed preliminary to final and they are very close <br />in design. <br />Zuccaro then presented waivers in the preliminary and final proposals. With the preliminary, there were <br />several waivers proposed: minimum lot area; minimum lot area per dwelling; maximum lot coverage; and <br />front, side, and rear setbacks. These were all reviewed and endorsed by Planning Commission and City <br />Council. In the final proposal, there is also a request for a height waiver. This is due to an additional <br />realization that their design required a height waiver. It does not reflect a change in the design from the <br />preliminary proposal. <br />The underlying zoning generally calls for individual yards, but the applicant wants to build a pocket <br />community where the lots cover the building footprints and the outdoor space is shared. They need the <br />waivers to accommodate the common open space, since the underlying zoning is a lot -by -lot ownership <br />framework. The zoning imagines lot -by -lot townhomes for which everyone owns their own yards, with <br />public streets. Apartments with a single lot are also anticipated in the zoning. However, the proposal has <br />fee -simple lots that cover the building footprint. Staff believes they are meeting the intent of the zoning, <br />but they need waivers to accommodate the different design. In the zoning code, the lot area per dwelling <br />in the zoning is 3,500 square feet with a minimum lot area of 7,000 square feet, but the applicant wants to <br />sell the houses fee -simple and have a commonly owned shared space with the HOA. The overall <br />proposed lot coverage is 35%, which meets the requirements of the subdivision as a whole even as they <br />are covering each lot 100%. <br />Zuccaro then addressed the height waiver. Not all 42 townhomes violate the maximum height, but many <br />do. The allowed height in the zone district is 35'. The tallest proposed buildings reach 38.8'. The applicant <br />went through the exercise of calculating every townhome in the City to find the base height and the <br />maximum allowed to find the variance on each structure. There are three different building types in the <br />proposal. The northernmost buildings do not need a height waiver. The ones to the south — the B and C <br />neighborhoods — go up to 38' and 37'. Some of these are higher than the Sunnyside Development to the <br />north, which are at about 30'. <br />Zuccaro presented the various waiver criteria. He pointed out that the important part of 17.28.110 was the <br />statement that "the modification or waiver is warranted by the design and amenities incorporated in the <br />development plan, and the needs of residents for usable or functional open space and buffer areas can <br />be met." In the case of Subdivision Modifications (LMC 16.24,) Zuccaro stated that the alterations <br />requested in the proposal did not alter the essential character of the neighborhood, met the purposed and <br />intent of the PUDs, were warranted by design and amenities, and did not add additional density. As for <br />the requirement that there be no reasonable design alternatives, Zuccaro stated that there were design <br />alternatives that could help meet the height requirements without a waiver by flattening the roofs and <br />lowering the apartment ceilings, but it was not a better design. The sloped roofs they are proposing fit <br />within the context of the neighborhood. In summary, staff finds that the waivers meet all the criteria for <br />waivers. <br />