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development plan is in the best interests of the community. However, he does view the reduction from <br />146 to 143 units as positive. He stated that for these reasons, he will reluctantly support the application. <br />A motion was made by Commissioner Wright, seconded by Commissioner Barker, recommending <br />that the Commission make the PUD findings and recommending approval of case PUD-91-11-3M, <br />subject to the conditions identified in Exhibit "B" of the staff report and the April 22, 1998 <br />Memorandum. <br />ROLL CALL VOTE <br />AYES: Commissioners Barker, Dove, Kumaran, and Wright <br />NOES: None <br />ABSENT: Chair Cooper <br />ABSTAIN: None <br />Resolution No. PC-98-29 was entered and adopted as motioned. <br />d. Rescind the development ulan auaroval (PUD-90-2, Michael Gordon) for afive-lot <br />residential PUD includin¢ the develoument of four new single family residences for the uroperty <br />located at 445 Kottin¢er Place. <br />Mr. Iserson gave a history of the application, noting that the PUD was originally approved by the City <br />Council in 1990. He noted that at that time it was very controversial for many of the surrounding <br />neighbors. He described the steep slope of the property and stated that was the main concern when the <br />project was initially reviewed. Geological and geotechnical studies were controversial, and the Planning <br />_._ Commission recommended denial based on soil issues and home design. The City Council approved the <br />application after appeal. Mr. Iserson also pointed out that at the time of approval, there was no condition <br />of automatic expiration of a PUD after two yeazs, which exists today. <br />Because the developer was never able to develop the property due to the high cost of geotechnical <br />upgrades and due to the strong issues expressed at the time of the original application, staff felt it would <br />be appropriate to re-evaluate the site and see if the conditions were valid for today as well. Staff feels <br />that the neighbors' concerns were never satisfactorily addressed and resolved. In addition, Mr. Iserson <br />reported that the new owners of the property are in support of staff s recommendation to rescind the <br />PUD. He also stated that they intend to mazket the land for only one or two homes and the new <br />developer would be required to obtain a current geotechnical analysis. Staff, therefore, recommends that <br />the PUD development plan be rescinded. <br />Commissioner Bazker asked whether there aze any other PUD approvals on file that have not been <br />developed. Mr. Iserson could not think of any others, noting that this one stood out because it had been <br />so controversial. He also stated that staff makes an effort to monitor the status of approved development <br />plans. <br />PUBLIC HEARING WAS OPENED <br />John Toman, 4222 Bevilacqua Court, stated that he and his wife live at the top of hill and the property in <br />question is directly below them. He stated that it is a very steep hill and despite efforts to improve its <br />stability, there was still water flowing down the hill several weeks after the rain had stopped this yeaz. <br />Planning Commission Page 9 April 22, 1998 <br />__ ... __. .___ __ _._T_...____. <br />