The developer, Blackwell Brothers Development Company, wanted to increase the project's density and revised the plans, asking for an approval of 14 three-story, single-family townhouse units to be built on approximately three-quarters of an acre just south of Interstate 280.

"It was all economics," said Greg Blackwell of Blackwell Brothers Development. "The eight units were larger, but we feel that with the slow economy we should go with more, smaller houses."

With the changes in the project from a medium to medium-high density development, city staffers recommended that the planning commission deny the request for approval because the proposed 14-unit project was not appropriately designed to minimize outdoor noise. The project's location is next to the 280 soundwall, and the city was concerned that the revised configuration would amplify the freeway noise for families living in the development.

Essentially, "the perpendicular orientation of the buildings to the existing soundwall actually creates noise corridors into the site," San Jose City Project Manager Anastazia Aziz wrote in her report.

At a November 2002 meeting the planning commission voted 5-1-1 to deny the project's approval. Only San Jose Planning Commissioner Xavier Campos voted in favor of the revised plan, with San Jose Planning Commissioner Jim Zito absent from the meeting.

"I wasn't totally convinced about the noise issues," Campos said. "The way the buildings would be situated wouldn't have mattered. I didn't see any real difference in how the houses would be affected by freeway noise than from the original eight-unit project."

Nearby residents also attended a community meeting in March 2001 to raise concerns about the original eight-unit project and how it would affect neighborhood parking, traffic and noise.

But at a subsequent community meeting on Nov. 20, the showing of residents was sparse and the meeting was ended in less than 20 minutes, according to District 6 Senior Council Assistant Rick Crosetti.

"We didn't hear any complaints," Crosetti said.

The San Jose City Council on Jan. 21 voted unanimously to overturn the planning commission's recommendation and approved the developer's request after reviewing various modifications to the plan presented by District 6 council member Ken Yeager.

In a Jan. 17 memorandum to the council, Yeager backed the new project, provided that Blackwell agreed to eight conditions, which included an increase in the front setbacks of the five units facing Northrup Street, such that residents would have improved access to the roads; planting heavy landscaping along the northern property line to reduce the level of noise from the freeway; reorient the windows on the northern boundary to reduce the visual impact from the adjacent soundwall; and increase the size of the private open space per unit.

Yeager also recommended the removal of a trash enclosure, replacing it with individual household bin pickups.

Blackwell agreed to all the conditions recommended by the council and plans to work with the planning department.

The new design allows for six two-bedroom, three-story units and eight three-bedroom, three-story units. With the recent modifications to the plan, Blackwell anticipates breaking ground on the project in the late spring.