PC 03/11/1998 - Laserfiche WebLink

A brief discussion took place regarding the Conditions for approval, focusing on the fact that no development could occur without the infrastructure being in place. Commissioner Wright stated that he would like the applicant to be able to record lots 1, 2, and 3 because the PUD plan could be conditional to prevent development until the infrastructure was completed. Susan Frost again addressed the Commission, stating that the only reason she agreed to relocating the trail was because she thought the City had received permission from the property owners. Now that she has learned they have opposed it, she does not support the relocation of the trail without the property owners' permission. She also stated that it will be impossible for her to pay the infrastructure fees unless she is able to sell the property. She wants permission to record the lots now so she can sell the property and then pay the fees after the sale. PUBLIC HEARING WAS CLOSED Commissioner Wright stated that the applicant should be allowed to record the lots at this time. He also stated that since the Greenbriar finance plan is not completed, it is not known at this time how much the fee will be. Mr. Iserson noted that the amount would be known soon, and the fees would be held by the City until the infrastructure was completed. At that time the funding developer would be reimbursed. The Commission further discussed this issue, specifically Conditions 2, 3, and 4, and how they could be modified in way that would allow the applicant to subdivide and record before the infrastructure was in place. Mr. Iserson stated that, under the alternative scenario, a new condition could be included that any reimbursement to the funding developers not be paid until the remainder parcel was subdivided. He noted that this condition would delay payment to the funding developers even further. Commissioner Kumaran stated that he is in support of Conditions 2,3, and 4. With regard to Condition 5, he agrees that the time limit should be extended by the Planning Director, if necessary. He also agrees to change Condition 10 as proposed by the applicant and the buyer. Finally, he supports staff s recommendation relating to Conditions 8 and 39, as detailed in the March 11, 1998 Memorandum. Chair Cooper stated that although he understands staff s concerns with recording the property now, he feels that both the seller and the buyer understand the conditions and should be allowed to proceed. However, he feels that the fees should be paid at the time of recordation and as specified by the NSSP. He also agrees with staffs modification to Condition 8. He further agrees with the applicant and the buyer regarding Condition 10. He also feels that since the City has an easement where staff has proposed relocating the trail, he supports their recommendation. However, he does not want the trail open and accessible to the public until it goes all the way through. Planning Commission Page 9 March 11, 1998