SUBJECT: PDC00-12-126. PLANNED DEVELOPMENT REZONING LOCATED ON THE EAST SIDE OF FLEMING AVENUE OPPOSITE WARNER DRIVE.
COUNCIL DISTRICT: 5
The
Planning Commission voted 6-0-1 (Chun Hoo, absent) to recommend that the City
Council approve the proposed rezoning.
BACKGROUND
On
December 12, 2001, the Planning Commission held a public hearing to consider a
Planned Development Rezoning from A-Agriculture to A(PD) Planned Development
Zoning District to allow construction of 12 single-family detached residential
units on a 3.7 gross-acre site. The
Director of Planning, Building and Code Enforcement recommended “conditional”
approval of the proposed rezoning.
Staff indicated that subsequent to the preparation of
the staff report, the applicant had agreed to modify the project proposal so
that the rear yards for proposed units would not extend beyond the 15%
slopeline and into area designated as NonUrban Hillside by the General
Plan. Planning Staff had originally
recommended conditional approval of the project subject to this specific
project design modification. Revised
plans have been prepared and will be forwarded to the City Council prior to
consideration of this item.
Vince
Cantore, of HMH, Inc., representing the applicant spoke in behalf of the
project and confirmed the applicant’s willingness to modify the project to
avoid intrusion above the 15% slopeline.
Matthew Osmond, representing the operator of an adjacent clean and sober living environment facility, expressed concern that the future residents of the subject development may have concerns about living across the street from his facility. This use has been in existence since the 1970’s. Upon questions asked by the Planning Commission about the facility, the operator indicated that the residents have not caused any significant problems or impacts to the existing neighborhood.
Two
other area property owner expressed concerns about existing traffic flow
constraints, particularly next to two large properties to the north along
Fleming Avenue that do not have fully improved, or widened street
improvements. They generally felt that
the existing street next to these two properties was too narrow. Additionally they expressed concerns about
an existing ponding of storm water that occurs in front of the subject
site. Commissioner James echoed the
importance of having this project address the ponding issues.
Staff
indicated that upon the future development of these nearby under-developed
properties, street improvements would be required. In the meantime, the right-of way is of sufficient width to
accommodate traffic for the 12 new units proposed as part of this project. The developer will be required to build
standard street and storm sewer improvements in front of the subject site that
will widen the street and resolve the drainage and ponding issues.
Commissioner
Godbolt wanted clarification about the proposed off-site traffic improvements
that are identified on the General Development Plan and proposed as part of the
project. Staff indicated that these are
necessary to address the project impacts in accordance with the Transportation
Level-Of-Service (LOS) policy and the Evergreen Development Policy. Additional traffic improvements, such as
widening of Fleming Avenue, would be beyond the scope of reasonable
requirements for such a small project proposal.
The Planning Commission then closed the public hearing.
Notices
of the public hearing and Mitigated Negative Declaration were distributed to
the owners and tenants of all properties located within 500 feet of the project
site, and staff has been available to respond to any questions regarding the
project.
This
project was coordinated with the Department of Public Works, Fire Department,
Police Department, Environmental Services Department and the City Attorney.
JOSEPH HORWEDEL