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ATTACHMENT 5 PUD -75 /PGPA -14, PSPA -3, Don Babbitt/Heartwood Communities Application to (1) amend the General Plan; (2) amend the Happy Valley Specific Plan; (3) rezone approximately 6.13 acres; and for (4) a Planned Unit Development plan for six lots located at 1157 Happy Valley Road. Zoning for the property is PUD -SRDR (Planned Unit Development Semi -Rural Density Residential) District. Natalie Amos presented that staff report and gave a brief description of the scope and key components of the application. THE PUBLIC HEARING WAS OPENED. Don Babbitt, applicant, representing the property owner Robert Wentworth, stated that the lots back up to the golf course, similar to those of the Mariposa subdivision next door, but are larger in area with setbacks that are larger than those at Serenity at Callippe. He noted that they have spent over two years with refining the project and are trying to provide something attractive to the 15 and 16 fairways. THE PUBLIC HEARING WAS CLOSED. Commissioner Olson requested clarification from staff that PUD Findings 2 and 3 on page 11 cannot be made, noting that he did not understand why staff could not make Finding 3, specifically, that the plan is not compatible with other properties in the area. He stated that he realized that technically the Commission must determine whether or not the plan is consistent with the Happy Valley Specific Plan (HVSP), but he recalled that his view at the last workshop was that this mold had already been broken because properties in the area are similar to what is being proposed. Mr. Dolan replied that staff acknowledges that the issue is not crystal clear. He stated that the bulk of the HVSP area has a lower density designation and that there are only a few areas with a Low Density Residential designation that the applicant can rely on for comparison. He noted that if one looks in the area of the 15 and 16 hole on the golf course, there is no visual or physical relationship to those higher density areas. He added that the higher density along the road across from the golf course is such a distance that it does not feel like it is a part of that area. Mr. Dolan stated that staff believes this is a significant change for a piece of what Happy Valley would feel like which is not currently in place now. He noted that this property is not truly visible from public streets other than the small residential roads that access it; it is only visible from the golf course. He added that there are areas where lots can be seen at a different density. He noted that the Serenity project, even though it is not quite built out yet, has a tighter lot pattern than what is being proposed here, but this project does have the benefit of including some open space which breaks up the denseness of the project. He stated that the issue at hand is whether or not we should fall back on the Specific Plan that theoretically represents some community value that was proposed and adopted when the Plan was being considered, and whether or not this a strong enough value that it should not be overridden by adding three more units to PLANNING COMMISSION MINUTES, April 15, 2009 Page 1 of 6