2-1 vote not enough to carry appeal of Planning
Comission decision
by Bert Williams, Staff Writer
Members of the Windsor Town Council stuck to opposing views last
week as they discussed the development of commercial property near
the Hembree Road fire station. The proposed two-story professional
building at 8260 Old Redwood Highway was initially approved by the
Planning Commission on June 24. It does not include second story
residential units — an element recommended, but not required, by
the town’s General Plan.
Councilmember Sam Salmon appealed to the council to reverse the
commission’s decision. With Mayor Steve Scott recusing himself due
to a conflict of interest, and Councilmember Lynn Morehouse absent
due to illness, only three councilmembers remained to consider the
appeal.
“The Planning Commission failed to adequately consider the goals
and objectives of Windsor’s General Plan in approving this use
without a residential element,” Salmon told the other two
councilmembers.
“Do we believe in a walkable, pedestrian town?” Salmon asked.
“What makes a town walkable? It is not just the sidewalks, it is
seeing people walk, bike, stroll and the like, that encourages
others to walk to the store, to walk downtown, to take the bus or
ride their bike. The sight of people out and about encourages
families to walk or bike together. We as a town can achieve this by
asking with firm resolve that those who are going to develop Old
Redwood Highway help us build the community of our vision. We need
to ask that they build a community that includes housing
opportunities for a variety of people, housing opportunities to
live within walking distance of jobs, restaurants, schools and our
downtown. This is … an appeal to you, the Windsor Town Council, to
reflect carefully and thoughtfully on how we can continue to make
Windsor the best it can be.”
Salmon displayed a succession of photos, taken along Old Redwood
Highway, showing 14 properties that will in all likelihood undergo
commercial development.
“I think this is the first of many Old Redwood Highway
developments that will be coming to us,” Salmon told the council.
“We can continue to build community or we can watch as Old Redwood
Highway evolves into just a commercial strip. It will be a nice
commercial strip, but still a commercial strip.”
Salmon observed that town-centered residential growth supports
urban growth boundaries and helps to preserve open space
surrounding the town.
“We don’t have to pave paradise,” he insisted. “Placing housing
above commercial or business space conserves energy. … If we are
careful and prudent with our mixed-use development, we may not see
the need that we provide large apartment complexes.”
Salmon pointed out that the specific project under consideration
would eliminate an existing house while providing new commercial
space that would create the need for more housing. He also noted
that the location was near shopping and employment centers and
could provide housing for firefighters near the fire station.
Dr. Tedmund Chun, who has developed the plans for the new
building responded to Salmon’s concerns.
“I don’t want to make a dent in Windsor’s vision,” he said.
“This started with a simple idea — to turn an old home into an
office. A simple remodel project became an 8,000- square-foot
building.”
Chun explained that he had worked very closely with the town,
addressing issues as the Planning Commission raised them, including
the request to design a two-story building. “It required several
redesigns,” he said. “All these redesigns take time. We’re about
$10,000 into this now.”
Chun asked why the overwhelming importance of a residential
element was only now being asserted. “I’m not a developer,” he told
the council. “All I wanted was an office. If I have to do something
to change our designs again it might not be possible to do it. You
need to be thinking about what’s fair, what’s feasible.”
Following Chun’s plea, Mayor Pro Tem Debora Fudge took to the
microphone. “I can’t go anywhere without getting compliments about
Windsor,” she said. “We have articulated our vision well, and then
stuck to it. We haven’t compromised and watered things down. We’ve
kept our firm resolve.”
Now, she said, as development gets going along Old Redwood
Highway, “Dr. Chun kind of gets caught up with this, since he was
the first one. … I’m afraid that if we say you don’t have to do
residential with this building, we may set a precedent. … You’re
kind of a trial balloon,” she said, turning to Chun. “I’m
sorry.”
Steve Allen, the other present councilmember, spoke next.
“I don’t disagree with most of what has been said,” Allen
responded. “Mixed use seems to be working very well. I would like
to do it on Old Redwood Highway. My opposition (to the appeal) has
to do with timing. Dr. Chun has been through a lot.”
Allen said he worried that failing to approve the project would
send a negative message to potential developers: that they could
cooperate with the whole planning process, only to be turned down
at the last minute.
Allen also said he is not convinced the busy corner of Hembree
Lane and Old Redwood Highway is suitable for housing. “There needs
to be a discussion of where we think housing is appropriate. Do we
want all our office buildings to have housing over the top of
them?” he asked.
“Dr. Chun has got an approval,” said Allen. “I think we need to
honor that approval.”
A sometimes-spirited discussion ensued, after which the council
voted 2-1 in favor of the appeal. However, because a majority of
themfive-member council is required to pass any resolution, the
appeal failed and the Planning Commission’s approval of Chun’s
building plan was upheld.
The following day, Town Manager Paul Berlant said he did not
believe the denial of the appeal needed to be viewed as a
precedent. “The council can change the rules,” he said. “They can
make it a policy that we want residential above commercial under
the following conditions. The council has the prerogative to do
that.”
If the council chooses to do that, Berlant said, no one could
then come and say, “You let Dr. Chun do it; you have to let us do
it,” because the rules would have changed.
Later in the week, Chun expressed his appreciation for the
insight and vision of Councilmember Salmon. “I could feel his
passion, and I appreciated going through the process,” Chun said.
“It’s good to have a vision.”
Chun said he does not resent the delay caused by Salmon’s
appeal. “I feel that this town is well represented by the Planning
Commission and the Town Council,” he said. “There’s lots of
diversity — lots of different ideas and thinking. The blending of
all those ideas and opinions takes time.”
The building’s current design provides for five offices, one of
which will be Chun’s dental office. There is no specific timetable
for construction.