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City Council[ Minutes June 7, 2004! 5.7. Page 7 Di Df the COl ;cussion on Woodland Hills Plat :ector of Planning M, ichele McPherson stated that the following Condition 24 was made in motion to approve the Woodland Hills Plat and staff is asking for clarification in order to ~finue work with the developer on the plat: "Require a 150-foot buffer from the trail property line to the house and allow the final plat to come back with some minor modifications." Ms:. McPherson stated that it is staff's interpretation that the Council intended that: a) the 150-foot buffer be measured from the trail property line, not the physical trail; b) the 150-foot buffer includes no grading and no removal of trees within that 150- feet; and c) the 150-foot buffer can end within the yards of the residential lots located adjacent to the Great Northern Trail, but the trees within them must be protected from grading and removal. City Attorney Peter Beck stated that the reason this item is back on the agenda is because staff interpreted the condition to mean that the 150-foot buffer was from the property 1/ne and the developer interpreted the 150-feet to be from the trail center line and the Council needs to clarify the condition. Steven Yoch, Attorney for S&A, stated that he has reviewed the transcript of this item from the May 17, 2004 meeting and he believes the condition is still unclear. Mr. Yoch stated that there is no rational basis for the Council to require the 150-foot buffer from the trail property line. He stated that his client will lose 11 lots if the city requires this condition. He also stated that he does not believe that the other developers in the area have had to follow the same requirements and that his chent is being treated unfairly and the conditions are inconsistent with staff reports provided to Mr. Breuer. Mr. Yoch stated that the developers request is for 111 lots with no cutting or grading within 150 feet of the center line of the trail with all lots meeting the R1C zoning and for the developer to work with staff to meet those limitations to put together a final plat. Mayor K2inzing stated that the question being asked tonight is if the Council intended the 150- feet to be from the physical trail or from the trail property line. Councilmember Tveite noted that he made the motion approving the plat and that restrictions are almost always based on the property line and not on the center line and that he thought the developer and Council were in agreement with this. Jim Nord, 19645 Hudson Circle and property owner of proposed plat, stated he believes this entire thing is unprecedented and arbitrary and the City Council should make a decision and allow the property to be developed. Mayor Klinzing stated that she had a different understanding of the condition when she voted in favor of the motion and believes the motion should be reconsidered. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER MOTIN TO RECONSIDER THE MOTION MADE ON MAY 17, 2004, APPROVING THE WOODLAND HILLS PLAT. MOTION CARRIED 4-1. Councilmember Tveite opposed.