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In response to an inquiry by Chairperson Maas whether this application has complied with the guidelines proposed with respect to setback s, height restrictions, and FAR, Mr. Pavan confirmed that the proposed design was compliant- Cornrnissioner Fox noted that she would abstain from this vote because she was not present for the entire public hearing. }n response to an inquiry by Commissioner Fox regarding the height of the home, Mr- Yavaiz confirmed that the height of the house was 30 feet, measured from grade to the top edge of the ridge. Page 5 of the staff report detailed the setback requirements. Commissioner Arkin suggested that the County could be helpful in dealing with the nitrate a.iid ground water issues, if any, but did not believe that a design review was genrtane to these issues. }Ic added that the design of the house conformed to the CGity's requiren~ents- Commissioner Roberts sympathized with the concerns about the ground water contamination and with Mr- Close's comments, but she noted that aii estate-sized home would be over 2,500 square feet. She believed that this discussion about semi-rural character and size of homes should have come during the development of the design guidelines. She believed that the golf course has been treated separately from Happy Valley itself. She suggested that "semi-rural character" and "estate-sized hom es" should he de-Fined more precisely- She noted that an estate-sized hoir~c was over 2,500 square feet but that the upper square footage limit was not identified. She would support the applicant because the guidelines were discussed extensively- Commissioner Blank noted that he would support the applicant- l Ic inquired whether it would be feasible to require the use of low-nitrate fertilizers. Commissioner Roberts suggested that Bcst Management Practices be attached to the deed or otherwise required. Mr- Pavan noted that the City Council specifically used the word "encourage;" he did not believe it could be conditioned. Ms- Nerland noted that the design guidelines were approved by the Planning Commission and the City Council without that requiremsnt. This prgject allows a certain amount of discretion, but with re spcet to the nitrate issue, there are no changed circumstances to change the original conditions- She did not believe the nitrate issue is related to the design- In response to an inquiry by Chairperson Maas whether an amendment to the guidelines could be discussed during Matters Initiated by Commission Members, Ms- Nerland advised that the irtaj ority of the Commission must decide to agendize that item. Commissioner Arkin moved to deny PAP-87, thereby upholding the Zoning Administrator's approval of Case YDR-482, subject to the conditions of approval listed in Exhibit B, as recommended by staff. Commissioner Roberts seconded the motion- PLANNING COMMISSION MINUTES October 19, 2005 Page 6 of 19