Now, he said, he feels like the victim of a “bait and switch” by the developers, and he has wondered if the apartment complex was in their plans from the start.

A covenant is a private agreement between landlords and developer, and the city does not enforce it. But it was unclear whether the clause applied to the area where the apartment complex is proposed, and so members of the city council wanted to clarify this before voting.

Civil Design Group’s Mike Eckert bristled at the idea that the special permit involved some sort of ‘bait and switch’, saying developers are constantly making such changes due to changes in the market and industry. other factors. Documents show developers originally planned to have only single-family homes or townhouses, he said.

The special permit does not require any waivers or zoning changes, and even with the apartment complex, the development would still fall below zoning density restrictions, he said.

To address the concerns of Dominion residents at Stevens Creek and the adjacent Waterford Subdivision, the developers have agreed to include a 100 foot setback on the north and west sides to help create a barrier between existing homes. They also agreed to drop a clause stating that any development on the last undeveloped lot must be single-family homes.