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Chair Pearce inquired if the Serenity at Callippe design guidelines included a section on definitions, indicating that she assumed it did not have a definition on “custom.” Ms. Stern replied that the Serenity at Callippe did not have a definition of “custom.” Commissioner Pentin inquired if the Happy Valley Specific Plan included that definition. Ms. Stern replied that it did not. THE PUBLIC HEARING WAS OPENED. Todd Briggs, Appellant, stated that he owns Lot 8 and that also present are Mr. Phil Benzel, who owns Lot 1, Mr. Manpree Takhar, who owns Lot 7, and Dr. Robert Miller, who owns Lot 6. He stated that the question at hand is whether or not non-custom homes can be built in Serenity at Callippe. He indicated that he was shocked to hear that the attachments to his email which he sent to staff on Monday were not forwarded to the Commission and requested that the Commission postpone the public hearing to give the Commissioners sufficient time to review the attachments and the Serenity at Callippe design guidelines. Mr. Briggs then presented Attachment 1 of his email, the Serenity at Callippe design guidelines, approved by the City Council in December 2006 governing how the homes in Serenity at Callippe must be built. He noted that the key to the document is the definition on page 7, which defines a lot as a “custom home site,” adding that all mention of the term “lot” in the document refers to a custom home site. He continued that Section 7 in the Table of Contents talks about the custom lot design review process. He indicated that it would be difficult for him to read every paragraph to identify how the words fit into each paragraph and that this was what he had hoped the Commission could do prior to the meeting. He noted that the approximately 40-page document refers to custom home sites approximately 60 different times and that he thinks it is clear the lots are custom home sites. Mr. Briggs stated that Exhibit A attached to the design guidelines is a memo from the City Manager to the Mayor and City Council, dated December 19, 2006, which talks about Serenity at Callippe and the approval of design guidelines “for each of the 12 custom home lots.” He pointed out that at the time of approval, the discussion and understanding of this development was that it is a custom home lot development. Commissioner Narum stated that one of the issues raised in the appeal is that the houses are too small. She noted that at the time of approval, the City Council added a condition that the Planning Director determine the appropriate building area and FAR’s, for which no minimums were included. She asked Mr. Briggs what the basis for the concern was in terms of the size of the home. Mr. Briggs replied that the size is a secondary issue. He agreed that nowhere in the document is it stated that the house must be a minimum number of square feet. He PLANNING COMMISSION MINUTES, February 24, 2010 Page 6 of 17