Planning commission approves 16‑unit Colonial Woods building after HOA, access questions

The Oak Creek Planning Commission on June 24 approved site and architectural plans for a new 16‑unit multifamily building at 2348–2398 West Colonial Woods Drive after commissioners received updates on access, parking and the developer’s relationship with the homeowners association.

Staff told commissioners the property was rezoned and had a planned unit development (PUD) and site plan approved in February 2006 and that three of the four originally planned 16‑unit buildings remain unbuilt; the current proposal is for Building No. 5, a single 16‑unit structure with all two‑bedroom units (four units include a den), 30 below‑grade parking spaces and nine surface visitor spaces. Staff noted the project meets parking requirements and that landscaping and lighting plans have been prepared to match existing on‑site buildings.

Representing the applicant, Jonathan Lujak said the developer is HomePath (doing business as Stepping Stone Homes). He told the commission that in recent days the parties exchanged a letter outlining the roadway work Stepping Stone will perform and funds it will contribute to the homeowners association. Lujak said the parties were willing to negotiate a formally countersigned memorandum of understanding (MOU) but that no executed MOU had been submitted to the city at the time of the hearing.

Maria Wen Enginar, a member of the Colonial Woods homeowners association board, told the commission the association had received a letter outlining responsibilities and follow‑up items and that the association plans to work with its attorney to draft an MOU. She said HOA assessments will commence when the building is constructed and occupied and that an escrow will be provided to cover initial obligations.

Commissioners asked whether units were condominiums or rental apartments and how access to the private road would be governed. The applicant and HOA representatives said the units exist under the condominium declaration and will be part of the HOA; assessments and the obligation to contribute to road upkeep will commence upon construction/occupancy per the HOA declaration. Contractor Sam Swan said Dufek Construction will provide street sweeping and watering on Orchard Way and Colonial Woods for the duration of work and indicated most truck traffic will access the site from Orchard Way.

Staff recommended, and the commission approved, a motion to accept the site, building and related plans with standard conditions, including compliance with existing code requirements and screening of mechanicals, transformers and utilities from public view. The motion passed by roll call vote.