Agenda - 08-19-2008 - 4a - Laserfiche WebLink

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18 1 exception of adding back in the two conditions that the Planning Board dropped. He said that at 2 the Planning Board meeting, the developer agreed to put in a walking trail through the open 3 space. The issue is not whether or not a walking trail will go in there, but exactly how it goes in 4 and how much area it will encompass. He said that, in general, part of the zoning ordinance 5 that is being applied here to create this requirement of private recreation space is being 6 misapplied in subdivisions of this variety. He said that what is being calculated for this 7 subdivision does not make sense, particularly if what the staff is saying is that none of the open 8 space that is being provided counts towards that private recreation space area. If that is the 9 case, then this subdivision is being penalized for providing open space and creating lots bigger 10 than the minimum. 11 Chair Jacobs said that the issue Mr. Yuhasz is referring to is on page 7, items 3 and 4. 12 Robert Davis said that if the developer provided more open space under this plan, then 13 recreation space would be less. What drives the number is the 2.8% of the total. 14 In answer to a question from Commissioner Nelson, Geof Gledhill said that the 15 Homeowner's Association could prohibit any active use of the open space 16 requirement in the regulations that says that the recreation must be active. He thinks that it is 17 not reasonable for the staff to say that the 35% open space cannot be counted as recreation 18 space. 19 Geof Gledhill said that the focus is on making sure the property is put into the 20 Homeowner's Association (HOA) agreement, and that it remains open space. The priority in 21 regulations with respect to open space is not active recreation. 22 Commissioner Gordon made reference to page 7, # 3 and # 4, and asked if this was 23 passed, could the HOA put it into the open space. She said that it is not a lot of acreage. 24 Robert Davis provided some additional information. 25 Steve Yuhasz said that the developer has already committed to a trail, and the 26 question is how many trees have to be cut down to make this trail. The developer does not 27 want to have to make a commitment to cut down an acre's worth of trees to create the trail. 28 Robert Davis said that only the limbs will be cut. 29 Steve Yuhasz said that the Planning staff is saying to the developers that they have to 30 provide 33% open space, but none of it will be counted as recreation space. This does not 31 make sense, but penalizes them for providing open space. Geof Gledhill said that the issue is 32 whether the open space will count toward active recreation space. If the open space is only for 33 visual amenity, it is not active recreation space. He said that one way to get resolution of this is 34 to have the applicant come back with a plan about what the trail system might look like. 35 Chair Jacobs said that he does not see anywhere where it says "improved trail ". He 36 said that the whole issue of how to count the open space is something the Planning Board 37 should look at. He said that there should be some recognition or incentive that the developer 38 went above and beyond the open space requirement. 39 A motion was made by Commissioner Gordon to refer this back to staff to work with 40 the developer to resolve the issue about active recreation, open space and the trail system. 41 Chair Jacobs made reference to page 25 and the DOT letter regarding accepting the roads for 42 public maintenance. He asked if this had been addressed. Steve Yuhasz said that, as a 43 general rule, detailed road construction plans are never submitted to DOT until there has been 44 preliminary plan approval because the road alignment and other things might need to change. 45 Chair Jacobs asked clarifying questions about the stub out issue. 46 He said that there is plenty of language in the ordinance that talks about the importance of 47 connectivity. Chair Jacobs verified that the Planning staff recommended the stub out, but the 48 Planning Board did not. 49 Geof Gledhill said that the reason that the administration is ok with the 50 recommendation about the stub out is not because of ordinance problems, but because of the