SALEM WOODS CIVIC ASSOCIATION Agenda Item 13 Page 1

13December 12, 2012 Public Hearing

APPLICANT / PROPERTY OWNER:

SALEM WOODS CIVIC

ASSOCIATION

STAFF PLANNER: Karen ProchiloREQUEST: Subdivision Variance to Section 4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions. ADDRESS / DESCRIPTION: Properties located at a) 4549 & 4553 Revere Drive and b) 4609 Rothwell Court GPIN: a) 14753785010000 b) 14754640720000

ELECTION DISTRICT: ROSE HALL

SITE SIZE: 1.700 acres 0.958 acres

AICUZ: Less than 65 dB DNL

The Salem Woods Civic Association (SWCA) is requesting a Subdivision Variance to Section 4.5 of the Subdivision Ordinance, which pertains to the provision of open space and recreation areas in a residential subdivision. Specifically, Section 4.5 (c) states:

The developer may establish a homeowners association to own and maintain the open space facilities and shall deed the property and facilities to the homeowners’ association. No property and/or facility shall be deeded to a homeowners’ association which cannot be used as deeded for the intended purpose.

The applicant’s purpose in requesting the variance is to remove the open space designation for two of the open space properties in the neighborhood in order to convert these properties to residential lots. These proposed residential lots will be sold to avoid future insolvency of the association. One of the two properties has an outdoor pool, pool house and parking area. The other property has a small office, parking and a park. The applicant contacted each neighbor within the Salem Woods community with a letter discussing the issue of selling the properties. Proceeds from the sales will be used to maintain and upgrade any remaining property as well as replenish the civic associations outstanding reserve fund.

SUMMARY OF REQUEST

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The SWCA, (the applicant) also did not open the pool this past year. Membership had dwindled despite a variety of enticements to get homeowners to join. The applicant had discussed filling in the pool but do not have the funds available. The, SWCA, (the applicant) had received approval for a similar request to a portion of open space on September 25, 2001. The reduction of the 0.887 acre increased the density in the neighborhood by three lots for a total of 1086 dwelling units. EXISTING LAND USE: a) property with open space, structure and parking b) property with a pool, structure and parking SURROUNDING LAND USE AND ZONING: a)

North: • Revere Drive • Single-family dwellings/ R7.5 Residential District

South: • Single-family dwellings/ R7.5 Residential District East: • Single-family dwellings/ R7.5 Residential District West: • Single-family dwellings/ R7.5 Residential District

SURROUNDING LAND USE AND ZONING: b)

North: • Rothwell Court • Single-family dwellings/ R7.5 Residential District

South: • Single-family dwellings/ R10 Residential District East: • Single-family dwellings/ R7.5 Residential District West: • Single-family dwellings/ R7.5 Residential District

NATURAL RESOURCE AND CULTURAL FEATURES:

a) The property is divided with a large grass area, a parking lot and a one-story structure. The property has a variable width drainage and utilities easement on the southern boundary. A wood pier and bulkhead was constructed along this easement.

b) The property is primarily impervious with a parking lot, in-ground pool with large concrete pool deck and a one-story pool house. A southern property line has a variable width drainage and utilities easement on the southern boundary. A wood pier and bulkhead was constructed along this easement.

COMPREHENSIVE PLAN: This request is within the Suburban Area and contains policies to guide and protect the future physical character. The overriding objective of these policies is to protect the predominantly suburban character that is defined by the stable neighborhoods of our community. Three key planning principles have been established to guard against possible threats to the stability of the Suburban Area: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. achieving the goals of preserving neighborhood quality is accomplished by having new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance it physical assets including open spaces. (p. 3-2 to 3-4.)

LAND USE AND PLAN INFORMATION

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The planning principles are reinforced by Special Area Development Guidelines – Suburban Areas found in the Reference Handbook, which address both site and building design. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. With regard to building materials, the guidelines state that materials used on the structure should be long-lasting, attractive, and high quality. Building materials should reflect the character of the area associated with it. (p. B-7 thru p. 13.)

IMPACT ON CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Revere Drive and Rothwell Court in the vicinity of this application are considered two-lane undivided local streets. They are not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Revere Drive No existing traffic counts are

available for these roadways.

No existing traffic counts are available for these roadways.

Existing Land Use 2 – 10 ADT per home

Proposed Land Use 3 – 60 ADT

Rothwell Court

1 Average Daily Trips 2 as defined by 10 vehicles per day per home. 3 as defined by10 vehicles per day per home.

If this land is sold and used by-right, each home built would generate 10 vehicles per day. Traffic Engineering does not have any issues with this Subdivision Variance request. WATER: 4559 & 4553 Revere Drive currently connects to City water. The existing 5/8” meter (city ID #95078772) can be used or upgraded to accommodate the proposed development. There is a 4-inch City water line in Needham Court. There is a 10-inch City water line in Revere Drive. 4609 Rothwell Court currently connects to City water. The existing 5/8” meter (city ID #94008723) can be used or upgraded to accommodate the proposed development. There is a 4-inch City water line in Rothwell Court. SEWER: 4559 & 4553 Revere Drive currently connects to City sanitary sewer. Analysis of Pump Station #552 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer in Revere Drive. 4609 Rothwell Court currently connects to City sanitary sewer. Analysis of Pump Station #552 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer in Rothwell Court. STORMWATER: No stormwater comments. FIRE: No Fire Department comments at this time. PARKS AND RECREATION: No objection to closing of the pool or removing the improvements on either parcel. Recommend that the properties remain open for residential use in accordance with the original subdivision plan. Of the two parcels the 1.7 acre parcel, located on Revere Drive, has more recreational/open

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space value due to its larger size and central location within the neighborhood.

Staff recommends denial of this Subdivision Variance to Section 4.5 of the Subdivision Ordinance request for a reduction of public open space for the Salem Woods residential subdivision. Staff understands that subject sites were deeded from the developer to the Salem Woods Civic Association and mandatory membership was not required at the time the civic association was incorporated. Staff also realizes that the applicant cannot afford to own and operate all their property and recreational facilities. Staff’s position, however is that there is no hardship in this case consistent with the criteria provided in Section 9.3, which is as follows: No variance shall be authorized by the Council unless it finds that:

A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,

and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably

practicable the formulation of general regulations to be adopted as an amendment to the ordinance.

D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance.

E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance.

Based on the fact that there is no hardship meeting the criteria, staff does not recommend approval of this request. The applicant has not specified to staff what the specific use of the two subject lots (pool/pool house, parking and recreation area) will be if the variances are granted by the Planning Commission. If the subdivision variances are granted, any future use of the parcels must meet the requirements of the Zoning Ordinance and the Subdivision Ordinance. Thus, if the Planning Commission votes to recommend approval of the variance, staff recommends the following conditions.

1. A note must be provided on the subdivision plat stating that any proposed lots shall be developed with single family dwellings or used as open space.

2. Exterior building materials shall be similar to existing exterior building materials used within the development.

EVALUATION AND RECOMMENDATION

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AERIAL OF SITE LOCATION

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EXISITNG SITE PLAN- REVERE DRIVE

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EXISITNG SITE PLAN - ROTHWELL

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PHOTOGRAPHS OF PROPERTIES

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ZONING HISTORY # DATE REQUEST ACTION No Zoning History to report.

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT