Planning Commission tables proposal for four townhomes at 445 West 5100 South after resident concerns

The Washington Terrace Planning Commission on April 30 voted unanimously to table a proposal to add four attached townhome units to 445 West 5100 South, citing incomplete application materials and neighborhood concerns.

General Planner Tyler Seaman told the commission the parcel is on the city’s infill map and that city code in this area could allow up to six units; the current proposal calls for four units in addition to keeping the existing residence. Seaman said the developer must sign a Development Agreement and that a homeowners association and CCRs will be required. He said staff has required the developer to push setbacks back by about 30 feet to match nearby homes and that staff can attach conditions such as fencing or lighting.

“ If the proposal meets the city code, I do not have the legal right to not allow the development,” Seaman said, adding that staff can place reasonable conditions. He also noted that retaining walls taller than four feet must be engineered and permitted and that the Fire Chief determined the narrow rear driveway meets fire code; a hydrant is located on the corner of the property.

Developer Matthew McConkie said there will be retention on the west side and a four-foot maximum wall between the existing home and the townhomes to handle the grade difference. McConkie said his plan is to build and sell each unit to individual owners.

Several neighbors spoke in opposition during the public hearing, citing parking, safety and neighborhood character. Resident Ryan Schulffer said he “100 percent disagrees with the development,” warned that on-street parking would increase and asked the commission to inspect the driveway for fire access. Tina Thompson said she and her husband did not move to their home to live next to townhomes and expressed concern units could become rentals rather than owner-occupied. Joshua Koskan, who lives across the street, said he was worried about the proposed two-story design fitting into the block and urged ownership rather than rental of the units. Elizabeth Rosales said the family purchased their home for the view of trees and the open acre and asked whether the city could block the development.

Chairman Steve Jacobson said he shared residents’ concerns about grade and parking and noted the commission needs complete materials before taking action. With missing elements such as a finalized CCR/HOA, a landscape plan and other redlines, Commissioner Dwight Henderson moved and Commissioner Morgan Wilkins seconded a motion to table the item “until they have more information that the Commission needs to make a rational decision on the project.” The motion passed 4-0.

Seaman estimated construction could last about five months, with framing being the loudest two-to-three weeks; he said construction activities may start at 7:00 a.m. and that staging equipment on the public road would not be permitted. A landscaping plan and other details will be required as part of the development agreement when the application returns to the commission.

The commission did not set a date to reconvene the item; staff indicated applicants must return with the requested materials and final redlines before the commission will consider a recommendation.