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Council briefed on two Shiloh-area conditional-zoning proposals; one drew split recommendation and legal questions about a second access
Summary
Two conditional-zoning applications in the southern Shiloh neighborhood were discussed: a Caribou Road plan for 100 rental units (100% at 80% AMI for 20 years) that had a split Planning & Zoning recommendation and raised questions about a proposed second access across Ardmore Street; a denser Sweeten Creek Road proposal for 126 units (100% at 80% AMI) earned unanimous PNZ support and staff recommendation.
At the May 7 agenda-briefing, staff summarized two conditional-zoning applications in the southern Shiloh neighborhood that will be on the May 12 council agenda.
Caribou Road (item C): Planning staff said the proposal is for 100 rental units with a 100% affordability requirement at 80% AMI for 20 years; the site is on a transit line with a density of about 10.5 units per acre. Planning & Zoning divided on the recommendation and left the application as a split vote; planning staff recommended approval. Council members pressed planning staff for details about a recommended second access condition discussed at Planning & Zoning. Will Pompos, the planning staffer on the review, said the roadway in question, Ardmore Street, is a city-maintained dead-end where a right-of-way continues to the site and that the applicant currently does not propose a vehicular connection; a pedestrian-only connection would be easier to administer.
Legal constraints: City Attorney Brad Branham told council that the city can require the applicant to make improvements to property they control but is more limited in requiring improvement to city-owned streets; he said some allowances exist for improving adjacent infrastructure if it is necessary and appropriately related to the development, and that any condition must be mutually agreed by the applicant.
Sweeten Creek Road (item D): Staff described a separate conditional-zoning application for a site on the east side of Sweeten Creek Road proposing 126 rental units (100% at 80% AMI for 20 years) at 24.4 units per acre. Planning & Zoning unanimously recommended approval and planning staff also recommended approval.
Context and next steps: Staff noted both sites are in an area with a Shiloh community plan that had envisioned single-family development in 2010, but emphasized council may lawfully consider area-plan consistency among a wide range of factors and is not bound to the plan. The conditional-zoning items will be part of the May 12 public hearing and decision process; staff and the city attorney offered additional technical and legal follow-up for questions about access and appropriate conditions.
Quotations: Will Pompos (planning staff) said: "Ardmore Street is a city maintained street that dead ends and then right of way continues even once the street itself ends and it does touch the project site." City Attorney Brad Branham said a condition requiring the applicant to upgrade the connection on property they control is legally feasible but council cannot unilaterally require improvements to city-owned streets without agreement.
