5.2. SR 06-21-2004 - Laserfiche WebLink

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Woodland Hills June 21, 2004 Page 2 . May 17, 2004 Preliminary Plat . Illustration of 1 SO-foot No-cut/No grade Buffer . Revised Plat Illustration June 7. 2004 Discussion Points During the June 7, 2004 City Council meeting, the applicant's attorney discussed the following points: A. the applicant was being treated differendy than other developers in the same area, B. the City was requesting more park dedication than allowed by law due to previous payment, and C. that the 150 foot buffer area required would cause the loss of 11 lots from the plat and that would be a taking since they have already reduced the number of lots from what is allowed by City Code. Applicant's Treatment While the applicant may have received conflicting recommendations from the Planning and Parks and Recreation Commissions, he proceeded through the process similar to other developers. Division 2 of the Land Development Regulations, Subdivision II, Section 30- 372 encourages the "subdivider to avail himself of the advice and assistance of the city to expedite review and approval of the preliminary plat". The applicant availed himself of advice from staff and both Commissions. This process has been used consistendy over the years. As can be seen on the Buffer Width History attachment, the Parks and Recreation Commission was consistent in its message regarding the need for a buffer along the trail (the width varied based on the proposal under consideration) and from where the buffer was to have been measured. Comparing this plat to Ridgewood is not applicable as the County, prior to consolidation of the City and township, approved the Ridgewood plat. Ridgewood is also a large lot plat with only five lots direcdy abutting the trail right of way. Due to the size of the lots, there is an opportunity for buffer area within the lot itself. As Oak Wilt continues to expand, however, it is likely that this buffer will slowly be eroded. In regards to Lafayette Woods, the developer provided more than 10% land dedication (16- 18 acres of high ground plus wedand areas) for 120 acres oEland area. At the time the plat was considered, the City's interest was to buffer the adjacent neighborhood of Ridgewood, not the trail. Therefore an extraordinarily wide buffer area adjacent to Ridgewood was required, not unlike what is being requested adjacent to the trail in this plat. The density of this plat is 2.17 units per acre versus 2.2 and 1.9 for Lafayette Woods and Nordic Woods respectively. If the applicant did not provide park dedication in land, it is possible that the number of lots could be increased to 120-150 lots (2.4 to 3 units per acre). The drawing referred to by the attorney illustrating lots along the trail right of way was developed as part of the negotiations for the utility easement to show that the easement would still allow development of the parcel in a logical and orderly manner. S:\PLANNING\Case Files\2004\P 04-02 Woodland Hills\6 2104 CC memo, doc