Planning commission approves two changes for Davis Homes commitments, delays third for legal review

The Greenwood Advisory Planning Commission on Feb. 24 approved modifications to two of the rezoning commitments attached to a 32.93-acre Davis Homes development and continued a third commitment for two weeks for legal and boundary review.

The actions followed a public hearing on petition PC2025-007, when attorney Scribe Bay of Baywood Law Firm, representing the petitioner Davis Homes, asked the commission to revise three of the commitments that were entered during an earlier annexation and rezoning (Ordinance 21-14). Bay said Davis Homes can accept most previous commitments but seeks to change two items and clarify a third. "All internal roads per municipal code shall be constructed per city agreement standards. Internal roads shall be public," Bay read as the proposed amended wording for the internal-roads commitment, and staff signaled support for that change.

Why it matters: The changes alter who will own and maintain streets inside the new neighborhood, permit the developer to seek dimensional variances from the Unified Development Ordinance (UDO) rather than being barred from requesting variance relief, and leave unresolved how far Davis Homes must construct Combs Road southward where parcels remain in county jurisdiction. Neighbors said the road and sight-distance issues affect safety and tree removal could be harmful to existing properties.

Commission action and key details - The commission voted 9-0 to continue Commitment 1b (the scope of Combs Road reconstruction) to the March 10 meeting to allow staff and the city attorney to verify annexation legal descriptions and statutory authority. Motion to continue was made by Commissioner King and seconded by Commissioner Lexi. - The commission voted 9-0 to modify Commitment 1e to require that internal roads be publicly dedicated and built to municipal standards. The motion was made by Commissioner Stambaugh and seconded by Commissioner Billborn. - The commission voted 9-0 to modify Commitment 6 to permit the filing of dimensional variance petitions with the Board of Zoning Appeals and to delete the cut-and-pasted partial development standards in the original commitment; the revised language makes the development subject to the UDO. The motion was made by Commissioner Lexi and seconded by Commissioner King.

What proponents and opponents said Scribe Bay, attorney for the petitioner, described the prior rezoning as having been prepared for a single-owner, rental project (identified in the record as PrideOne) that planned private internal roads. Bay said Davis Homes intends individual lots and an eventual homeowners association and therefore requests the streets be dedicated to the city.

Bay also proposed simplifying a set of long, pasted development snippets and replacing them with a commitment that the project comply with the UDO while allowing specific variance petitions. Bay told the commission the petitioner "would make our best efforts to try to obtain the necessary easements to widen the road through there." (Scribe Bay).

Resident Jason Hiscox of 747 North Combs Road testified as a remonstrator and said he opposed sidewalks crossing his property and the removal of trees. Hiscox also urged that the commission consider lowering the road grade at a blind hill by his driveway to improve sight distance.

Staff and commission concerns City staff indicated support for changes to the internal-roads commitment and for allowing variance requests, but staff also said the disputed Combs Road language needed clarification. Engineering staff (Mr. Peck) emphasized that sight distance on the hill near the s-curve is a public-safety issue and recommended that the road be reconstructed "in some way, shape, or form" to provide safe sight lines.

The commission discussed whether the city has the right-of-way authority to require reconstruction beyond the developer's property and whether annexation legal descriptions included the adjacent roadway. Commissioners agreed to continue Commitment 1b so staff can confirm whether the city's annexation and statutory authority cover the part of Combs Road in question.

Next steps The commission left two commitment modifications approved and scheduled Commitment 1b for additional legal and engineering review; staff expects to return with clarified language by the March 10 meeting so the commission can decide whether to require reconstruction beyond the petitioner's property line or to craft an alternative condition.

Ending All three votes recorded during the Davis Homes item carried unanimously, 9-0, with the commission directing staff to research annexation language and statutory authority before resolving the Combs Road obligation.