Minutes - Planning Commission - 04/24/2006 - Special Meeting

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Commissioner Van Scoy stated that the proposal would meet the cluster requirements if the lots were developed in the center of the parcel. He also suggested moving 177th south and increasing the distance between the new homes and the existing homes. Ms. Wald noted that platting the lots on the boundary is more conducive to orderly resubdivision in the future; City Council approved the sketch plan with the lots on the east boundary. The alignment of 177TM is per Staff's direction. Commissioner Bauer presented aerials of the area with the plat superimposed on them and stated that he doesn't feel the density transitioning on the east property line is adequate, especially for the northerly 3 lots. There 2 existing homes that will have 6 new homes adjacent to them. Commissioner Bauer noted that another option for density transitioning in City Code is matching densities on the common boundary. Ms. Wald noted that to her knowledge the City has never required developers to do matching densities on common boundaries to achieve density transitionlng. Commissioner Bauer stated he can't recall the City ever approving a plat with a density of 3 to 1 on the common boundary. This site is the most challenging he has seen in his years on the Commission. Ms. Wald stated that Shade Tree could reconsider the plat design and place the homes to the interior of the site but now they are dealing with the time clock for the moratorium commencing. Motion by Chairperson Nixt and seconded by Commissioner Levine to adjourn the public hearing. The public hearing adjourned at 7:45 p.m. Commission Business: Motion by Commissioner Levine and seconded by Commissioner Van Scoy to recommend that City Council deny the preliminary plat of Shade Tree Creek based on the following reasons: 1) the lack of sufficient landscaping to address density transitioning concerns; 2) the location of the proposed lots are incompatible with the existing lots and; 3) the public safety concerns related to single-access neighborhoods. Motion carried. Voting Yes: Commissioners Brauer, Hunt, Levine, Cleveland, and Trites Rolle. Voting No: Chairperson Nixt and Commissioner Van Scoy. Absent: None. Chairperson Nixt stated that although he agrees with the outcome of the motion, he opposed it because the cluster ordinance is on the books and in his opinion, technicalities are not sufficient grounds for denial. Commissioner Van Scoy stated that he feels that the City has boxed the developer into a position where he can't make it work. Planning Commission/April 24, 2006 Page 4 of 5