Minutes - Planning Commission - 09/23/2021

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variance, but the Commission ultimately approved those requests. Commissioner Anderson stated that the density transitioning area provides protection to the existing homeowners and therefore he would rather have the 45-foot corridor protected rather than having the new homeowners have the land to the property line. He believed that the protected corridor provides more protection to the existing property owners. Commissioner Walker stated that he agrees that the protected corridor would provide more benefit to existing property owners. He stated that if the transitioning area is to be done through outlot, perhaps an amendment is made to the ordinance to prevent the situation where a variance continues to be requested. Senior Planner McGuire Brigl agreed that the ordinance does need review and staff can bring something back to the Commission. Commissioner Gengler stated that the density transitioning area done through outlot also protects the new homeowners as they are aware from the beginning that the area is not part of their lot. Chairperson Bauer noted that easements are not always disclosed at the time of sale and that is why he asked the developer how the outlot would be recorded. Commissioner Walker stated that perhaps markers could be placed prior to the sale of the home to identify the property/outlot line. Mr. Tabone stated that typically the lot lines are staked so that it is clear in the field where the boundaries are. He stated that there are thorough HOA documents disclosed to buyers that must be signed but acknowledged that not all homeowners choose to read the documents. He described the process they follow to inform homeowners of the lot size and all other details. Councilmember Woestehoff stated that as someone that purchased a Lennar home, he was provided that information but did not pay attention to that. He stated that he does favor the outlot being owned by the HOA as that same information is not disclosed to the second property owner. Motion Carried. Voting Yes: Chairperson Bauer, Commissioners VanScoy, Gengler, Anderson, Dunaway, Peters, and Walker. Voting No: None. Absent: None. 7. COMMISSION BUSINESS 7.01: Consider Ordinance #21-15 Creating Additional Requirements for Driveways and Parking Pads Presentation Planning Technician McCann presented the Staff Report stating that staff recommends forwarding Ordinance #21-15 to the City Council for adoption. Commission Business Commissioner Walker stated that he agrees with parcels under two acres, but is unsure on the two to 4.99 acres, and does not support the requirements for five acres or more. He stated that he has ten acres and does not believe the proposed regulation would be appropriate for large lots. He stated that this would be a slippery slope where the City dictates what can be done on large properties. He understood the need to have this type of regulation on smaller lots in neighborhoods, as there should be requirements on where parking can occur in those situations. He noted that once a lot is over two acres, he did not believe the same regulation would need to exist. Planning Commission/ September 23, 2021 Page 8of14