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Meeting Date: September 25, 2018
Title: R18-0002: Keswick Land Development Corporation, Keswick Senior Apartments, LLC and Keswick Apartments I, LLC (RO18-0002) (Berkeley District)
Type: Action, Resolution, Public Hearing, Ordinance, Power Point Presentation
Agenda Title: R18-0002: Keswick Land Development Corporation, Keswick Senior Apartments, LLC and Keswick Apartments I, LLC (RO18-0002) (Berkeley District)
Recommendation:

The Planning Commission held a public hearing on September 5, 2018 and on a motion by Ms.  Maddox, seconded by Mr. Bullock, recommended approval of the proffer amendment as proposed, 6-1 vote.

Staff recommends denial of the proffer amendment as proposed based on the elimination of the commitment to the Keswick Architectural Guidelines.  However, staff has no objection to the remainder of the proffer amendment which includes typographical edits, clarifying language and changes to recreation facilities provided and the timing of delivery of the park.  Staff continues to recommend the that applicant maintain the commitment to develop Keswick in conformance with the Architectural Guidelines, with amendments to the guideline document approved as a proffer amendment.

Summary:

The applicants request amendments to the proffers approved with rezoning case R10-0005 Keswick which is a development allowing 240 multi-family units, 90 single family attached units, 84 age-restricted attached units, 150 single family detached units, 100 age-restricted multi-family units, an assisted living facility with 100 residents, as well as a 36 acre public park.  The requested amendments would eliminate the Keswick Architectural Guidelines, the number and type of recreational fields to be provided within the park and commits to deliver Phase I and Phase II of the park prior to issuance of the 260th residential occupancy permit.

 

The proffers presented to the Planning Commission included a change to the timing of completion of the park which resulted in a delayed delivery of Phase I until full build out of the development and delivery of Phase II at the 433rd occupancy permit which is beyond the full build out of the development .  Staff recommended denial to the delayed delivery of Phase I and denial of the Phase II timing amendment since the Keswick development will not be issued more than 334 occupancy permits.  Since the Planning Commission meeting, the applicants have submitted revised the proffers dated September 10, 2018 to provide delivery of Phase I and Phase II of the park prior to issuance of the 260th residential occupancy permit.  Staff is supportive of the revised language related to the completion of the park and all other proposed amendments to the proffers except for the elimination of the architectural guidelines.

Committee/Commission Summary: Planning Commission
Review Date: September 5, 2018 Status: Approved
Financial Impact: N/A
Staff Contacts: Kimberly Pomatto, Planner III
Legal Counsel: Alexandra Spaulding, Esq., Senior Assistant County Attorney
Additional Background/Other Considerations:
Consequence of Denial/Inaction: The property may develop as permitted under the existing zoning and proffered conditions approved with case R10-0005.
 
ATTACHMENTS:
Name: Description: Type:
BOS_Staff_Report_-Keswick_Proffer_Amendment.pdf Staff Report Staff Report
BOS_Presentation_R18-0002_Keswick_Proffer_Amendment.pdf Presentation Presentation
Revised_Proffer_Statement_-_09-10-18_-_v06_-_EXECUTED.pdf Applicant's Proffers Agreement
Redline_-_Keswick_-_Proffer_Statement9-10-18_-_v04_vs_v06.pdf Redline Proffers Backup Material
Approved_GDP_Keswick.pdf Approved Keswick GDP Backup Material
Architectural_Guidelines.pdf Approved Keswick Architectural Guidelines Backup Material
DRAFT_pcmin18_0905.docx Draft PC Minutes September 5, 2018 Minutes
Citizen_email.pdf Public Correspondance Backup Material
Draft_Ordinance_RO18-0002.docx Draft Approval Ordinance Ordinance
Denial_Resolution_R18-0002.doc Draft Denial Resolution Resolution
Ad.doc Advertisement Backup Material