HomeMy WebLinkAbout11 17 08_West Winds Major Subdivision Phase 4 Administrative Project Determination Appeal #C-08005
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Director of Planning and Community Development
Chris A. Kukulski, City Manager
SUBJECT: Phase IV West Winds Planned Unit Development Appeal Application #C-08005, an Appeal of an Administrative Project Determination, made pursuant to Section 18.66.010 C.5. BMC, which seeks to overturn the
Director of Planning’s determination that the proposed alignment of
Breeze Lane is not consistent with the preliminary PUD or preliminary
subdivision plat approvals previously granted by the City Commission. MEETING DATE: Monday, November 17, 2008 @ 6:00 p.m.
RECOMMENDATION: That the City Commission deny this appeal application on the
grounds that the proposal for Breeze Lane to be incorporated into a “circular” roadway, instead of making a more direct east-west connection to Davis Lane, is not consistent with the City’s practice of promoting “grid-like” streets with a high degree of pedestrian and vehicular
connectivity, nor consistent with the street layout approved by the City Commission during the
West Winds Final PUD and Preliminary Subdivision Plat review processes.
BACKGROUND: West Winds Community is an approved Planned Unit Development consisting of a variety of residential uses ranging from detached single households to attached
multi-family housing, and including senior housing opportunities (both assisted and unassisted)
located in the Southwest quadrant of the development. The approved “Road Plan” for the West
Winds Community PUD (Figure 6.4 of the applicant’s submittal) depicts an east-west roadway through the “Senior Assisted Living Area” in the southwest quadrant of the PUD. This east-west roadway has become known as Breeze Lane, and is the subject of this appeal application. The
western portion of this east-west roadway (depicted with dashed lines) represents a straight
connection to Davis Lane on the west boundary of the development.
Two notations regarding the east-west depiction of Breeze Lane are included on Figure 6.4, the approved West Winds PUD Road Plan. They are as follows:
“Alignment [of] this segment of Breeze Lane may vary and may be [a] private street based on Site Plan Review” “Per Condition #12 of Z-07141 [Final PUD Plan], any request for Breeze Lane west of
Windward Avenue to be developed as a private street at less than city standards shall be
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reviewed through a future application for modification to the Conditional Use Permit for West
Winds P.U.D.”
As noted in the applicant’s submittal materials, the meaning of these two notations are at the crux of this Appeal Application. Staff has interpreted these notations to: 1) allow for some
modification of the Breeze Lane alignment as depicted, but to basically retain direct east-west
connectivity and “grid-like” characteristics; and 2) to provide for the construction and
maintenance of Breeze Lane as a private street meeting City street design standards or, if less than city standards, requiring approval through further CUP review.
In the Spring of 2008, the applicants presented to City staff a preliminary design for an
independent senior living development in the southwest quadrant of the West Winds PUD. The
informal proposal, referred to as “The Villas at West Winds”, consisted of 18 fourplexes (72
units) and 22 detached housing units (94 units total), along with amenities including a clubhouse, trails, and central pond feature (see Figure 2 of the applicant’s submittal materials). A major
design feature of the proposal was that Breeze Lane would become part of a “circular drive”
forming the center of the development. This proposed new alignment of Breeze Lane was
characterized by two “T” intersections, tight curvature, and a non-city standard design with curb
walk on only one side of the street and a bike lane on only the other side.
Staff rejected the independent senior living proposal on the grounds that: 1) the modified
Breeze Lane alignment no longer reflected what had been originally approved in the Final PUD
and Preliminary Subdivision Plat approvals, since it no longer provided the degree of pedestrian
and vehicular connectivity that a more traditional grid-like roadway pattern provides; and 2) the substandard street design had not been “reviewed through a future application for modification to
the Conditional Use Permit for West Winds P.U.D.” Staff concluded that the newly proposed
street alignment, where Breeze Lane was essentially incorporated into a circular drive not
meeting typical city street standards, could only be considered and approved through new
applications to modify the West Winds P.U.D. and Preliminary Subdivision Plat.
The basis of the applicant’s appeal is that the notations regarding Breeze Lane on the
approved PUD plan (as cited above) allow for the kind of circular drive proposed with the 94
unit independent senior living development. Staff’s view is that the proposed substandard
circular drive street system, incorporating a dramatically modified Breeze Lane, is beyond what was ever contemplated during Final PUD and Preliminary Subdivision Plat approval granted by
the City Commission. Staff’s conclusion, as stated in the City Manager’s letter to counsel for
West Winds dated July 23, 2008, is that the developers need to re-apply for preliminary PUD and
subdivision plat approvals before proceeding with these plans.
UNRESOLVED ISSUES: Whether or not the Commission finds that the Planning Director
erred in determining that the proposed modified alignment for Breeze Lane does not
substantially comply with the Final PUD Plan and Preliminary Subdivision Plat approvals for the
West Winds Community development.
ALTERNATIVES: As determined by the Commission.
FISCAL IMPACTS: None identified.
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Respectfully Submitted,
_________________________________ _______________________________
Andy Epple, Director of Planning Chris Kukulski, City Manager
Attachments: Applicant’s Packet Submittal
memo prepared: 11/12/08
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