PC 05/11/1994 - Laserfiche WebLink

~ ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Hovingh, Mahem, Michelotti, Wright, and Chairman McGuirk None None None Resolution No. PC-94-23 was entered and adopted approving Case UP-94-22 as motioned. l:. PUD-91-19-1M. Peter Shutts/Jerrell Thomas Application for a major modification to the Planned Unit Development to eliminllte or extend the June 5, 1994, expiration date for the development plan approval. The development plan included the construction of a single-famlly home on a 1.25 acre portion of an approximately 2.40 acre site located at 5226 Foothill Road. Zoning for the property is PUn (Planned Unit Development) - Low Density Residential District. ~ Mr. Swift presented the staff report concerning the application requesting an extension of the development plan PUD-91-19-1M. Mr. Swift advised that during the month-long continuance, a tentative agreement was reached between Mr. Thomas, Mr. Kliment, Mr. Ricci, and Mr. Sanders. The only changes to the PUD are relocating the fire turn-around, as well as relocating the approved house plan 10-12 feet to the southwest. Since all issues from the April 13, 1994, Planning Commission meeting have been resolved, staff recommends approval of the three year extension to obtain a building permit as long as the roadway serving the lot is constructed by September 1, 1995. In answer to Chairman McGuirk's question regarding the tentative agreement, Mr. Swift stated the agreement is in the form of written letters between the parties, though no legal contract has been executed. Mr. Swift further stated that staff believes the agreement will be finalized before this case comes before the City Council. PUBLIC HEARING WAS OPF.NF.n Peter Shutts, 4904 Wingate Drive, architect for Mr. Thomas, represented the application. Mr. Shutts is concerned that 16 months is not adequate time to build a road when they may be confronted with uncontrollable construction problems. He would like no time limits placed on the road construction. He also proposed that Mr. Thomas could post a bond to cover the cost of the road construction within the 16 month time limit once the engineering is done and approved, or he suggested they be given the ability, upon written request, to get a one year extension without going through a public forum. Mr. Shutts stated they have no other concerns regarding the staff report, however, he requested that Standard Conditions #14 be deleted because he feels the issue is adequately addressed in other conditions of the staff report. Mr. Swift concurred with the elimination of Condition 14 of the Standard Conditions. ,- Planning Commission Minutes Page 4 May 11, 1994