Planning 2018-11-08 Item 3 - Adoption of 10/11/18 and 10/25/18 Minutes

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Page 5 of 6 October 11, 2018 BAR Minutes carry out a complete comprehensive single-phase plan. Mr. MacVeigh said the easement was prepared and all agreements were on the verge of being recorded. However, at the last moment the owner backed out on the agreement. He said it has taken quite a bit of negotiation and work to go forward and make adjustments that will work with the condo owner on the far east. They reached an agreement that there would be an exchange of uses for parking, access, and some recreational areas. Mr. MacVeigh said he did not have the details for the layout. He said it has taken some time to obtain permission to use part of the property on the east. He said the property owner is important because the eastern ten feet of his property is also one half of the access roadway. He said the details of parking and recreational space was a side line. He said they have a reasonably acceptable layout, which includes the buildings, access road, landscape areas, sidewalks, etc. He said they have completed the revision to the road system for Phase 2, and the water main and storm systems. He said the last thing that is being worked out is the sanitary sewer for the most efficient design with Valley View. Mr. MacVeigh addressed questions for the Commissioners pertaining to lighting, and HOA. Gary Singh, a friend of Mr. Overbeck's who is a developer, said he helps Mr. Overbeck a lot on the project. Mr. Singh responded to questions raised by Commissioner Stander. He said two of the buildings are completed and ready to sell and are a financial burden on Mr. Overbeck. He said the project is going back and forth to make small revisions, and they have come this far after two years. He said it would be very wise to get the project approved. He said most of the infrastructure for road and utilities is in place and it is just a matter of getting approvals and then the applicant can move on. He said he is pretty sure that Mr. Overbeck will satisfy the previous homeowners. Mr. Singh said the stealing was already going on and it would be a win -win for everybody for the project to be approved so the gates can go up and alleviate the problems one hundred percent Staff clarified that the area of Phase 2 is to large parcels zoned high -density residential. The two buildings that are almost completed and ready to sell are on one of the parcels. According to the zoning of the area, the applicant can build a multi -family unit on the lot but is not able to sell them as individual units until there are unit lot lines; the units in the building cannot be sold individually until the plat is recorded. There was further extensive discussion between the applicant's representatives, staff and the Commissioners. Joel Barth, friend of Mr Overbeck's, real estate broker, and listing agent that sold the first phase of units, addressed questions raised by Commissioner Mann regarding existing owners' concerns. Commissioner Mann asked Ms. Abraham to answer some clarifying questions. Ms. Abraham also noted a fence was erected that separates the Osterly Townhomes from condo building 14425 that has, made the traffic better and the community safer, and to open it back up and put in an easement will significantly affect the townhomes at 14405 and 14407. Commissioner Mann asked if it would please her if there was a requirement for a fence to be erected around condo building 14424 separating the property from phase 1 and 2. In conclusion Commissioner Mann said they need to address the easement for the recreation area and the two parking spaces. During further discussion staff clarified the easement is for use of the recreation space by the Townhomes. Joel Barth, for the applicant shared notes found from Mike Overbeck stating that he is going to give the temporary recreation space to the condo unit owner and he will fence it in, so it will not be shared. Mr. Overbeck is also proposing to create three new recreation spaces as part of Phase 2. Bruce MacVeigh, for the applicant confirmed that the notes from Mr. Overbeck clarified the shared parking issue and apologized that he did not have direct knowledge of the information. He said the north recreation area is property owned by Mr. Overbeck, and that the agreement and understanding with the condo owner is that upon completion of Phase 2, the recreation area will revert exclusively and be fenced to the East condo building. That recreation area upon completion of Phase 2 will be replaced by three other recreation areas. Mr. Overbeck has provided two plans. 7