Joint City Council & Planning Commission Meeting - November 12, 2013

Joint City Council and Planning Commission Meeting on Commercial Development

Cory with Blu Line Design started the discussion. He gave a description of what has been presented to the Council and the Planning Commission. The living facility was rotated after receiving feedback from residents who live near the commercial area. Also added a walking path around the property for use by all residents, which would include exercise stations. He showed comparisons of height of building with others in the city, including the townhomes, WalMart, Harts, and the dentist office. Showed pictures of existing facility that is similar to what Blu Line is proposing. Went through the comments from the public hearing and biggest concern was the height of the building. Wanted to show how far away it is from homes in the area, hoping that mitigates some of the concern.

David Driggs would like to see business plan for commercial development. Has asked for clarification on how the developer will handle this, but is still waiting. Wants to know if any further information is available on this. Today some of the Planning Commissioners and Council Member/Mayor went to see an existing facility to get an idea for what they look like and what commercial area would look like. Mr. Driggs asked what the incentive is for the developer to continue to develop the entire area, not just the living center. Blu Line stated that they keep ownership of the living center and are buying all of the commercial area owned by the Smarts, so they are very anxious to fully develop that land. Worked with Chandler Goodwin to determine how to create a retail presence in the back of the area that isn't directly on the street.

CM Zappala stated that pictures are easily manipulated and would like numbers showing exactly how tall each building is that is shown in their presentation. That information was not available tonight.

CM Martinez asked about the enforcement of the 55+ requirement for the living center. Doug with Blu Line stated that federal law requires an 80/20 split, saying 80% does have to be 55 or older. Won't lease out to children, but would handle those who are 55 but have a spouse who is under 55. No children under the age of 19 can live at the facility. Ownership is maintained by owner of facility and background check is done on every individual who wants to live there.

Chandler Goodwin (Assistant City Manager) gave a summary on design guidelines for commercial area (SC1 commercial zone). It is not City code but a design guideline. Gives the City Council and Planning Commission latitude in design of this area. In the area under discussion, there is a maximum height of 50 feet of occupied space, with unoccupied space as determined by City Council.

CM Zappala brought conditional uses allowed in design guidelines. Assisted living center is permitted, but residential is only permitted if 50% at most is residential. According to guidelines, residential units are supposed to be incidental to retail. Chandler stated that guidelines are put together to give Council and Commission latitude with regards to commercial area. If it was in code then we would have to allow any development that meets our code. On residential vs. assisted living argument, it's not clear in guidelines. While this facility doesn't meet assisted living like Charleston, it also doesn't meet residential like an apartment complex. There are amenities provided in the facility that wouldn't be provided in a regular apartment complex. This is where Council and Commission have latitude to decide what the facility is.

Mr. Driggs suggested maybe retail be removed completely from the living center so that the height of the building could be lowered. CM Jackman is also concerned about 300 units. Once this area is developed, our commercial area is complete and we have no other commercial to develop. Also is concerned about the rest of the area being developed, and the City getting stuck with the residential and no guarantee on the retail being finished. Part of the intent of the design guidelines is so that everything has a similar look and feel. The proposed commercial development mostly meets this, but residential area doesn't blend well. It sticks out and is taller than everything around it.

I asked if they would be willing to do a two or three story building after hearing concerns of our residents. Doug stated they don't have any smaller than four story and need certain number of units to make it work for them.

CM Zappala is also concerned about having enough parking for those who live in the living center. He feels theater is a good move because it brings in more interest from higher scale restaurants and retail.

CM Martinez asked if some could be underground, but Doug stated for ADA compliance it cannot happen because it creates half windows for those below. Could possibly have a basement for amenities, such as library, chapel, etc.

Mayor Gygi stated he has a home in that area. He has talked with neighbors and most like the development but are concerned about the height of the living center. They can accept the idea of a three story building and fewer units, closer to 150-200 units.

Mr. Driggs asked if we removed retail from main floor, how many units can be added so as to reduce height of building. Doug felt maybe 12, depending on if they are one or two bedrooms. Chairman Dodge feels most of the retail that would be on the first floor wouldn't appeal to most residents anyway, so this could reduce height of the building. Mr. Driggs asked what is the incentive to the developer to remain in the game. Doug said he understands concern as most of their other facilities aren't so close to residential  homes. He is concerned that with the area the living center is located that it won't be seen from the main road if it is smaller. Feels it needs to be at least a four story building to make it work. The feel he gets today will determine how he proceeds with the Smart family and the purchase of the property. Cedar Hills has been a great community to work with, but realistically, he is confident if we did a four story building it would reduce numbers to 275. Doesn't like going under 300 but needs it to be at least 275 units. Feels it wouldn't be too much taller than the existing retail buildings.

Chairman Dodge stated all other concerns have been addressed, the only remaining issue is the height of the building. He went on tour today of existing buildings this developer has created and he was impressed with how they look and what it's done for those communities. Exterior of the building looked nice. He likes the idea of a senior center but not a five story building. He thinks it could be three story on wings and four stories in the middle in order to meet the criteria, and would be acceptable to those in the cities. He would like to see new slides showing parking, new size, what it means to be a five star center, etc that gives more specifics.

Mr. Johnson brought to the attention of all here that there is no application yet before the City. Doug has asked for public feedback so he can know how to proceed, but Mr. Johnson stated that until an application is made to the City, he doesn't have to use any of the feedback on how he proceeds.

CM Zappala asked about difference of three star and five star. Doug stated differences are three story has no sense of retail, no grand entrances, different hallways and units. Five star has more of these nicer look and feel. The way it's decorated and the amenities provided are step above three star facilities.

Mr. Dodge's primarily concerned with those who live near the area. He feels four stories to the east and north are fine, but as moving south towards the existing homes it is too tall. Suggested stepping the buildings down the closer they get to the homes so three stories on the areas nearer to the homes on the south.

CM Augustus stated that these units could be spread up and take up more of the commercial area, but then we reduce the amount of retail space available, which is why it made sense to move up in height. He feels we've been good at getting feedback and asking for changes so it makes sense for the city. Height is an issue. Maybe we could look at pushing some of the amenities into a basement, doing three stories on outer wings, and four stories on building closest to Walmart, and open up terraces and green space.

Mr. Steele stated that we have made Blu Line make several changes. Feels it would be unwise to fill in courtyards with additional units as it affects the look and reduces inviting feel of green areas. Feels residents are more concerned with type of retail that will be available. Retail needs to be priority. Wants to see phasing of retail areas. Doesn't want to make mistakes that were made in Pleasant Grove, where retail was planned but never built.

Mayor Gygi stated whatever is built there, traffic is going to increase an affect those who live in that area. He appreciates Blu Line being here. CM Zappala stated main concern with traffic is street right to the south (9900), so as we get further along we need to figure out how to mitigate concern for those residents, such as requiring right turn only on that street.

Meeting was adjourned.