Planning commission approves modification

Hayden Homes won approval of a modification to their original approved 2005 master development plan (MP 05-01) for Village at Cold Springs from a divided Sisters Planning Commission on Thursday night.

They also submitted a new tentative subdivision plan for housing units with associated development of rights-of-way, open space, and recreational amenities.

This project is a continuation of the existing Village at Cold Springs, and is located on both sides of Rail Way and north of McKinney Butte Road and Village Meadows.

Prior to the start of the public hearing for Hayden, Ruth Palmer, a resident of Village at Cold Springs, challenged the ability of Commissioner Jack Nagel to provide unbiased consideration of the modification request before the Planning Commission.

Palmer reported being present in a public venue in Sisters on June 27 and hearing Nagel say, "I don't like Hayden Homes and I wouldn't approve anything they proposed." Nagel, who told The Nugget he doesn't recall making that statement, recused himself from the hearing and sat in the audience during the proceedings.

With Commissioner Daryl Tewalt not in attendance, that left five commissioners to hear the testimony and deliberate on their decision.

Battle lines were drawn before the hearing began. Six residents of the completed part of single-family homes at Village at Cold Springs spoke strongly in favor of Hayden's latest request for modification to the original master plan, which called for a total of 297 housing units and included 195 apartments.

The modification calls for a total of 138 residential units to be completed in four phases. When completed, the now-vacant 18 acres would be built out with 69 single-family detached homes, 21 single-family attached homes (townhouses), and 48 multifamily apartments located on three separate sites.

Residents of the Village at Cold Springs had originally opposed Hayden's completion of the subdivision according to the initial master plan. Those who spoke up last week are fully in support of the proposed modifications.

On the other side of the fence are some residents of Sisters, represented by Habitat for Humanity Executive Director Sharlene Weed and longtime Sisters resident Roger Engstrom. They urged the Planning Commission to either hold Hayden Homes to the original master plan or at least require a much larger number of apartments, somewhere in the range of 100-150.

The City staff report contends that the Hayden proposal meets criteria in the Development Code and the Comprehensive Plan and recommended conditional approval of Hayden's modification application.

When the Village at Cold Springs was approved in 2005, the entire parcel was zoned high-density residential and the City density requirement for that property was nine units per acre. In 2010, the property was rezoned multifamily residential and the density requirement was reduced to seven units per acre.

Hayden completed Phases 1, 2, and 4 with a density of four-plus units per acre, saying they would end up with the required overall density by building high-density units (297) on the remaining 18 acres.

Hayden is not a builder of apartments, and they had the 18 acres for sale for several years, hoping an apartment-builder would buy it and finish the master plan, but there were no takers.

With their latest modification request, Hayden said they are meeting the 7:1 density requirements for the entire development. However, Commissioner Tim Clem questioned the validity of that claim. His calculations showed it was closer to five-plus units per acre.

With a break in the hearing, Hayden representatives showed commissioners how they calculated the density. They did not use the gross number of acres as the base, but rather the net after subtracting rights-of-way, open space, and recreational amenities.

Commissioners were split, with Roger Detweiler asking, "How can we be sure we will get what we approve?"

Tia Lewis, attorney for Hayden, Community Development Director Patrick Davenport, and the commissioners reworked the section titled Review of Conditions to ensure that Hayden would be held accountable for completing what they are proposing.

The clause stating that "certificate of occupancy shall be issued for all multifamily units within each phase as applicable, prior to the issuance of certificates of occupancy for any single-family unit in any subsequent phase," guarantees Hayden's performance.

If there is sufficient demand for the apartments, they may be constructed ahead of the phasing as described in the proposed master plan. Therefore, construction of the apartments could rely on supply and demand.

Hayden also had to agree that they will pay a portion of the cost for improvements to the Rail Way and Highway 20 intersection, as requested by ODOT; they would like the timing of the improvements to coincide with their 2018 pavement preservation project on Highway 20.

There were discussions of lessons learned and personal philosophies and the final vote was a long time coming. It took several motions, further discussion, and the density calculation explanation before a final vote. That vote reflected the split between those who wanted to hold the line on density requirements in multifamily zoned areas and those who believed Hayden was making a good-faith effort to provide housing that is badly needed by the community.

Additionally, those supporting Hayden's application questioned the quality of life offered by a subdivision required to meet the 7:1 density requirement on a relatively small parcel of land.

Clem voted no, saying Hayden needed to be held to the seven-units-per-acre density, which would result in 185 dwelling units rather than 138.

"Approving it won't meet the density goals of the City," Clem argued.

Detweiler said he voted no as a matter of conscience.

"If we continue to allow lower-density housing in high-density zones, we will have to enlarge the Urban Growth Boundary. Hayden hasn't made a good-faith effort to provide what we need," he said.

Commissioner Jeff Seymour said the modification didn't have as much density as he would like but he appreciated "the effort and thoughtfulness Hayden has put in."

He said, "It's clear to me what the public wants. The residents of Cold Springs have spoken. It's not ideal for the city but the residents have spoken. We have something tangible and I vote we approve it."

Commissioner Bob Wright told Hayden, "The market's going to determine what you will end up building. You've done a credible job in designing a livable community. Quality of life and built environment are important factors."

Chairman David Gentry, who has been on the Planning Commission for 12 years, said that back in 2005 when the original master plan was approved, he doesn't think the commissioners thought through their approval carefully.

"I'm frustrated. I want to see progress and I think this is a good plan that will provide needed apartments. At least with this plan we're getting something done," Gentry remarked.

"I'd like to see this thing go. It's more reasonable than what we had before."

With a quorum of five commissioners voting, the majority of those present (3) approved the motion to modify the master plan as requested by Hayden Homes.

Hayden would like to have Phase 3 completed by the end of spring or early summer of 2017. They project that the entire 18 acres will be built out by 2019.

The decision of the planning commission could be called up by or appealed to Sisters City Council.