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HomeMy WebLinkAbout03-14-2006 PC Minutes Planning Commission Minutes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 14, 2006, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:03 p.m. Present: Chair Schaub, Commissioners Fasulkey and Biddle; Jeri Ram, Community Development Director; Chris Foss, Acting Planning Manager; Kristi Bascom, Senior Planner; and Rhonda Franklin, Recording Secretary. Absent: Vice Chair Wehrenberg and Commissioner King. Note: Vice Chair Wehrenberg notified Staff, prior to the meeting, that she would be absent. ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS The February 28, 2006 minutes were approved as submitted. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS 8.1 P A 04-006 Vesting Tentative Tract Map 7597 - Amendment to Vesting Tentative Tract Map 7597 and relevant Conditions of Approval of Planning Commission Resolution No. 05-10 for the Starward Row Residential Project. Chair Schaub asked for the staff report. Ms. Kristi Bascom, Senior Planner, presented the specifics of the project as outlined in the staff report. Chair Schaub stated that he met with the Applicant and Staff prior to the Planning Commission meeting to discuss the project and the alternatives to a Homeowner's Association. Chair Schaub opened the public hearing. Cm. Fasulkey asked about the developer's motivation for eliminating a Homeowner's Association (HOA). rp[anninfJ Commission 1?fguk1Y'Meeting 27 :rl!atdi 14, 2006 Mr. Andy Byde, with Braddock and Logan, stated that the rational for eliminating the HOA is: 1) The costs associated with managing the HOA have no appreciable benefit to the residents, 2) The affordability factor for the residents, and 3) There would be no requirement for the HOA to maintain its functionality. He further stated that a Maintenance Agreement would be a contractual agreement between the owners. Cm. Biddle asked if the Maintenance Agreement would be a part of the closing documents when the property is purchased and Mr. Byde said yes. Cm. Biddle asked if the Maintenance Agreement would be transferred to subsequent owners of the property and Mr. Byde said yes. Cm. Biddle asked how the Maintenance Agreement would function. Mr. Byde stated that the Maintenance Agreement would outline the resident's responsibilities for items covered under the Maintenance Agreement. After the residents agree that an item requires maintenance, each resident would be responsible for their share of maintenance costs. Cm. Biddle asked if the City would have the authority to enforce the Maintenance Agreement. Mr. Byde stated that the City could only require that necessary maintenance occurs. Cm. Biddle asked how the Maintenance Agreement would be enforced. Mr. Byde stated that the Maintenance Agreement would be set up to allow one homeowner to enforce the provisions of the Agreement upon all of the homeowners. Cm. Fasulkey asked if the enforcement of the Maintenance Agreement could potentially be a litigious process. Mr. Byde stated that the enforcement, if litigated, would most likely be settled in small claims court. Cm. Fasulkey asked why the street was not dedicated to the City. Ms. Bascom stated that the street might be too narrow and not up to public street standards. Cm. Fasulkey asked about the insurance for the common areas of the property. Mr. Byde stated that the combination of each owner's homeowners insurance would insure the entire property. Cm. Fasulkey asked if this would be the first Maintenance Agreement in the City and Ms. Bascom said yes. Chair Schaub discussed his experience with and knowledge of HOAs. Cm. Fasulkey asked if the Maintenance Agreement would require all homeowners to agree on a maintenance item before it could be repaired. Chair Schaub stated that a decision-making committee could be formed to address maintenance issues. Ms. Jeri Ram, Community Development Director, stated that the City's Public Works Director is supportive of this Maintenance Agreement due to the size of the proposed development. Jeff Lawrence, with Braddock and Logan, discussed the project and the reasons for having the project approved. pfanning Commission 1:?J{fulay ~\1eetinfJ 28 ;,lfardi 14, 2006 Cm. Biddle asked if the Maintenance Agreement would include a mechanism for the residents to set up a reserve account for anticipated improvements or repairs. Mr. Byde stated that a manual would be created to illustrate what the reserve account should be for each individual homeowner. Cm. Biddle stated that he would like to ensure that the retaining wall(s) and fence would be included in the Maintenance Agreement. Ms. Bascom stated that all of the common facilities would be defined in the Maintenance Agreement and the Covenants, Conditions & Restrictions (CC&Rs) documents. Cm. Fasulkey asked how the Maintenance Agreement would be transferred to new owners. Mr. Lawrence stated that the Maintenance Agreement would be recorded against the property. Cm. Fasulkey asked if the City could require the Maintenance Agreement to be disclosed to new owners prior to the sale of the property. Ms. Bascom stated that it would be incumbent upon the seller to disclose any conditions that would be attached to the sale of the property. She further stated that the Maintenance Agreement would be an exhibit to the CC&Rs, which would be recorded against the property. Cm. Fasulkey asked if Staff and the City Attorney would review the documents before finalization and Ms. Bascom said yes. Cm. Biddle asked if there would be limitations on what property owners could do to the bioswales. Ms. Bascom stated that the maintenance standards would outline how the bioswales should be maintained. Mr. Byde stated that there would be an easement recorded on top of the bioswales to prevent tampering. Chair Schaub asked if the Water Quality District would enforce limitations on the bioswales and Ms. Bascom stated that the City would enforce the limitations. Cm. Biddle commented that this project is a good concept. Hearing no further comments, Chair Schaub closed the public hearing. On a motion by Cm. Biddle, seconded by Cm. Fasulkey, with Cm. Fasulkey noting that this approval is not intended to set a precedent for larger projects, and by a vote of 3-0-2, with Vice- Chair Wehrenberg and Cm. King absent, the Planning Commission adopted: RESOLUTION NO. 06-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING VESTING TENTATIVE TRACT MAP NO. 7597 AND AMENDING RELEVANT CONDITIONS OF APPROVAL OF PLANNING COMMISSION RESOLUTION 05-10 BRADDOCK AND LOGAN STARWARD ROW RESIDENTIAL PROJECT (P A 04-006) (pfanninfJ Commission 'R.rgut:ar !Meeting 29 olfan:/i 14, 2001, NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). The Planning Commission did not have any items to report. 10.2 Planner's Institute Agenda Staff and the Planning Commission discussed the agenda for the upcoming Planning Institute Conference. ADIOURNMENT - The meeting was adjourned at 7:40 PM. Respectfully submitted, ff$~ Planning Commission Chair Pia (P[anning Commission IJ?r9uwr ~lfeetinfJ 30 'March 14, 2006