CCMIN121289 - Laserfiche WebLink

Mr. Swift explained that for this specific project, when the builder submitted the building plans, he had to show the Planning staff how the house met the setback requirements and the height restrictions. He worked with the staff to site the houses on the lots to meet the setback requirements. At that time, that was all the staff review required; there was no design review. The building permit was issued. The applicant then requested an extension of the tentative map relative to two undeveloped and unsubdivided lots. This had to go before the Planning Commission. The neighbors raised the issue of whether or not some conditions could be placed on those two lots. The Planning Commission initiated a possible PUD modification and upon review, decided that it would recommend changes to the PUD. Mr. Brandes commented that it would be rather unusual to make major changes on a PUD and asked Mr. Swift if this was done in the past. Mr. Swift replied that the City has done a lot of PUD modifications upon the applicants' requests. But for those initiated by the City, it was done on two commercial/industrial projects with respect to traffic conditions, but never on a residential project. Mr. Brandes stated that he finds merit on both sides. He indicated that it would not be fair to put in restrictions which were not in the original PUD. He suggested that the matter could be resolved and everybody's concern addressed in a fair and equitable way by bringing the project before the Design Review Board. And anyone not satisfied with the Board's decision could appeal it to the Council. Mr. Tarver asked Mr. Roush what could and could not be done with regard to the PUD. Mr. Roush replied that there is no legal prohibition on the modification to the PUD as suggested by the staff; the ordinance permits the Council to do that. The Council's discretion to modify the conditions of a PUD are much clearer than when they are conditions of a tentative map. Ms. Mohr inquired if the same rules are followed for major modifications requested by the applicant and those requested by the City. Mr. Roush explained that a developer may request to change a condition to a tentative map, and Council may or may not grant it. The other side of the coin would be the City's initiating the modification and the applicant disagrees with it. The ordinance permits Council to make the modification to a PUD, but it may not have the same discretion to modify conditions to a tentative map. -8- 12-12-89