HomeMy WebLinkAbout12-18-17 City Commission Packet Materials - A5. Appeal of Links Condominiums1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development Greg Sullivan, City Attorney SUBJECT: Appeal of the Administrative Project Decision 17365 for the Links Condominiums Application 16374 Continued Review MEETING DATE: December 18, 2017
AGENDA ITEM TYPE: Action (Quasi Judicial) CITY COMMISSION DECISION: The City Commission’s decision is to uphold, amend, or overturn the administrative project decision for Site Plan Application 16374. The decision may
be overturned or amended upon the finding that such final administrative decision was
erroneous. Executive Summary:
The appeal application concerns the administrative project decision to approve site plan
application 16374, an application for residential development at 2411 Birdie Drive. The
appellant is Bridger Center, LLC, Thomas W. Murphy, managing member.
The appellant materials base the appeal on a single category. The appellant argues that the City should have required a street to be extended through the Links project to provide secondary access to the appellant owned property.
The Commission reviewed the appeal on August 28, 2017. At that meeting the Commission
reviewed the merits of the appeal, questioned staff and received public comment.
The Commission approved a motion to “Continue the hearing until such a time the City Attorney and appropriate staff draft an amendment to provide access to the undeveloped land reasonably that would allow suitable development of that adjoining undeveloped land.” The motion passed
3-1 with Commissioner Pomeroy voting to disapprove the motion and Deputy Mayor Andrus
was absent from the meeting.
The City Attorney provides the following recommended amendment to the Administrative Decision for application 16374, The Links Condominiums Site Plan for the Commission’s consideration:
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“Considering the findings previously made and incorporating said findings, I hereby move to
amend the Director of Community Development’s approval of the Links Condominium Site Plan, Application 16474 (because the site plan as submitted does not comply with 38.24.010.A.1, BMC, as the streets within the proposed development are not arranged to allow suitable development of the adjoining undeveloped land) to condition approval that the site plan conform with 38.24.010.A.1. In doing so, to ensure conformance with 38.24.010.A.1 and as a condition of
approval the applicant must modify the site plan to provide a 42 foot public access easement along the same east/west alignment as the existing 42 foot public utility and access easement from the western boundary of the existing easement to the western boundary of the Links Condominium Site Plan property. Such modification must include all other necessary and related components of the site plan to allow the developer or property owner of the adjacent property to
the west the ability to construct a street or roadway similar in cross section to the existing roadway on the Links Condominium Site Plan. The easement may provide that construction of such roadway will occur only upon annexation into the City of the adjacent property and only at the time future development of the adjacent property is approved by the City.“
The packet materials from the initial review meeting are located here Links Appeal 17365.
The video of those initial proceedings may be found here August 28, 2017 Commission Meeting.
The meeting minutes are located here: August 28, 2017 Minutes.
At the August 28, 2017 initial review meeting the City Commission continued the review of the appeal to the October 16, 2017 meeting. The appeal continuation was re-noticed by posting on site and mailing to adjoining property owners. The City’s Legal Department received notice from
the appellant Bridger Center, LLC and the Links property owner Golf Course Partners, Inc. that they were in negotiations regarding a solution to the access issue described in the appeal. They requested additional time to resolve the issue prior to a City Commission decision on the appeal. The City Commission has continued the review of the appeal at their October 16, 2017, November 13, 2017, December 11, 2017 meetings to allow time for a settlement between parties.
UNRESOLVED ISSUES: The appeal asserts that the Director acted incorrectly in reviewing and approving the site plan application. The unresolved issue is whether the Director correctly applied the applicable standards. The Commission has not completed the review of the application and has not made findings or a motion to uphold, amend, or overturn the administrative project decision for Site Plan Application 16374.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Uphold the approval of site plan application 16374 as established by the Director’s July 5, 2017 decision;
2. Amend the approval after making findings as to which of the criteria are met or not met, modify conditions of approval or code provisions, and approve site plan application 16374 or
3. Overturn the approval. Find that the Director’s original action was incorrect in some element, make alternative findings, and deny site plan 16374.
FISCAL EFFECTS: No budgeted expenditures will be affected by this application.
Report compiled on: December 12, 2017
Attachments: None. Link to previous materials and proceedings provided in the memorandum.
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