PC 011409 - Laserfiche WebLink

Commissioner O'Connor stated that some of those questions could be extended, such as the Commission could ask why Mr. Dutra did not ask for seven or eight lots. He noted that because one developer did not use all his allotted density is not a reason for another developer to put in more density. Commissioner Blank stated that in looking at the questions, he was not sure the questions were in the right order and if they were asking the right questions. He indicated that he sees a nexus between Questions 1 and 2 because one cannot be done without the other. He noted that the fundamental question is what Mr. Dolan stated: "Are you willing to amend the Specific Plan?" and a whole series of steps would follow a "yes" answer, and another series of steps if the answer is "no." He then inquired if Question 3 is independent of Questions 1 and 2 and if a rezone could take place without a modification to the Specific Plan. He stated that he thinks the same question is being asked three different ways and that he was not sure what the delta was among the q uestions. Mr. Dolan clarified that all the questions build on one another and that if the Commission will not respond to Question 1, the rest of the questions would be irrelevant, and if it does not discuss Question 2, the following questions would be irrelevant as well, and so forth. Commissioner Blank said this was good to know because it appears that each of the questions is of equal importance and they are clearly not. He noted that Question 5 does not sound like it is related to whether or notthe Happy Valley Specific Plan is modified and inquired if he was reading this correctly. Ms. Amos replied that he was and this would be separate from the Specific Plan. Commissioner Blank clarified that Question 6 and Question 7 are independent question depending on what the answers to Questions 1 through 4 are. Ms. Amos replied that this was correct. Chair Pearce noted that Question 1 was the threshold question. THE PUBLIC HEARING WAS OPENED. Commissioners Blank and Commissioner Narum disclosed that they know Mr. Schlies socially and have not discussed the project with him. Christopher Schlies stated that he has been Bill Wentworth's attorney for about 20 years but that he is here because he played asecond-seat role in the Bypass Road litigation a few years ago and is very familiarwith many of the issues. He noted that Don Babbitt is Mr. Wentworth's hired developer and is great when it comes to technical issues. Mr. Schlies stated that he wanted to discuss the legal context of the General Plan Amendment and Specific Plan Amendment. He stated that the property is unique in PLANNING COMMISSION MINUTES, January 14, 2009 Page 19 of 35