Planning 2020-12-10 ITEM 4 - HOUSING PLAN BRIEFING

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Page 2 of 4 11/12/20 PC Minutes time of preliminary approval; after preliminary approval if it turns out that it is better to phase subdivisions staff is recommending that a modification to the preliminary plat be submitted and it be reviewed by the DCD Director. NOTE: Concern was expressed in having the Director review and approve phasing proposed after the preliminary approval has already been issued. There was discussion on how phasing proposed after preliminary approval should go back to the Hearing Examiner (or the Planning Commission if there was an associated design review). 4. Expiration and Extensions (language clean-up for expiration and phasing extensions) NOTE: Currently the existing code requires the first phase must be recorded within five years. Concern was expressed that if a subdivision is phased and does not meet the deadline another application needs to be submitted and the applicant must start over. STAFF'S RECOMMENDATION: The DCD Director may extend a preliminary plat for a project that has received phasing approval for up to three additional years, for a total maximum of eight years from the date of preliminary approval. NOTE: There was extensive discussion on this proposed amendment, the PC expressed concern that the recommended extension was not long enough. After multiple suggested amendments to staff's recommendation, the PC added several more recommendation options in addition to staff's recommendations. PUBLIC TESTIMONY Mike Pruett, for Segale Properties said that it is important for the PC to understand the whole pre -plat final plat process and that approximately 90% of the effort is in the pre -plat. He explained that it involves preparation of all sorts of different plans and infrastructure, not just the pre -plat plans. He said it is a time consuming and expensive process, and all subdivisions are not created equal. He said it will probably take 15 to 20 years to develop the 20 lots, and he would like the pre -plat to stay alive as long as possible. He said all the pre -plats will be built out under the current regulations, and all the public infrastructure that could change over time is already built. He also commented on the language and process for minor modifications. He said they are in favor of flexibility for the life of the pre -plat. Nicole DeLeon, Attorney, Cairncross and Hempleman, representing Segale Properties, went over the highlights of the comment letter submitted on behalf of Segale Properties. She stated what is driving Segale's interest in this amendment is the amount of infrastructure, and work that goes in during the preliminary plat phase. She reiterated Mr. Pruett's comment that 90% of the effort, such as planning, work, and infrastructure goes in during the preliminary plat phase. She said if the preliminary plat expires, you have done 90% of the work, expense, time, and investment and suddenly you are just out of luck. She said they are requesting flexibility, and it is critical to be granted flexibility for an extension up to 12 years on the extension approval process. She said if the extension is granted that there are certain guards that would prevent any concerns on the city's part in granting the extension. She commented on the discussion pertaining to the department review process, and said she researched and found code TMC18.104.180, which states the review process is required by all departments. They are proposing their project is revised to a minor modification, as a Type 1 decision. She provided clarification on why they are focused on a 1 0 -lot standard. She said that state law does allow for approval of a longer extension. In addition to the other revisions requested, she suggested that a provision for fewer lots be included to eliminate any ambiguity. There was no additional public testimony. Following are some of the clarifying questions raised by the PC. Commissioner Mann asked Mr. Pruett considering he said that most of the improvements are complete, what are their concerns with what staff is proposing? Mr. Pruett said through the initial pre -plats, he said the risk associated with providing a longer timeframe is small because the improvements are done. However, the pre -plat underlines all their future development plans that will expire over and over while they are building out the project over 15 to 20 years. 2