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Planning commission clears removal of reserve notation from Oxford Terrace plats, despite water resources concerns
Summary
The commission voted unanimously to recommend removing a long‑standing 'reserve' notation from two subdivision plats so property owners can seek development permits; water resources staff warned of nearby impaired stream impacts but said permit reviews would remain in place.
The Planning Commission unanimously recommended that City Council remove a recorded “reserve” notation from plats affecting parcels in the Oxford Edition Terrace subdivision, a technical step that would allow applicants to pursue development permits.
Leo Manti of the Department of Planning and Development explained the item as a narrowly drawn action: removal of a recorded reserve notation on plats for parcels addressing 3700 East Weyburn Road, 3601 Sherbrook Road and a portion of 3717 Sherbrook Road. Manti said the removal does not exempt the properties from city development reviews or permit requirements and noted state law permits removal where records do not indicate the original reason for the reserve.
The applicants — brothers‑in‑law Daniel Miller and Charles Shancy — said their request was intended only to clear the recorded notation and allow the permit review process to proceed.
Janae Prevost White, Water Resources, Department of Public Utilities, told commissioners that while the reserve removal is a plat technicality, development near Rattlesnake Creek carries environmental risks. “The stream is Rattlesnake Creek, and it is already impaired,” she said. Prevost White said the parcels sit less than 200 feet from the creek; removing tree cover and developing near the creek could increase runoff and worsen downstream conditions despite required mitigation. She said the city is investing in stream restoration for Rattlesnake Creek and urged caution.
Commissioners noted the narrow scope of the vote; the action under consideration does not authorize any building permits. Two separate motions (one for each plat/cluster) carried unanimously and the commission forwarded both matters to City Council with a recommendation for approval.
Clarifying details recorded at the meeting: staff said there were no records explaining why the reserve notation was placed, and that state code allows removal where no supporting record exists; water resources staff warned of nearby wetlands, floodplain and a short distance (under 200 feet) to Rattlesnake Creek; and the applicant reported a denied building permit that prompted the request.
Both items will be transmitted to City Council with a recommendation for approval.
