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Commissioners uphold original PUD sidewalk requirement for Nichols Vale after developer seeks exemption
Summary
Planning staff told the commission that a detached house proposed in Nichols Vale Phase 9.1 remains subject to the PUD's original sidewalk requirement; the commission declined to waive the PUD requirement despite topographic and cost concerns raised by the developer.
The Planning Commission on Feb. 20 considered a staff comment and public input about sidewalks for a single lot in Nichols Vale Phase 9.1 and confirmed the original planned-unit-district (PUD) requirements remain in force.
Developer representatives and the lot owner said topography and utility conflicts would make constructing a sidewalk along Faulkner Lane difficult and expensive, potentially requiring a retaining wall and encroachment on a water main. An engineering representative asked whether lots over five acres qualify for the sub-regulation exception; staff replied that the PUD ordinance supersedes the subdivision regulation and that the original PMDP required sidewalks for the phase.
Commissioners and staff repeatedly noted the lot and parcel remain in the PUD and that an amendment to the PUD would be required to change that obligation. Residents and the developer pressed for flexibility, citing construction cost estimates for grading and retaining structures. The developer said the lot was intended to remain a single large lot rather than be subdivided into additional smaller parcels.
Planning staff concluded the PUD requirement stands. The commission did not grant a waiver and directed that any change would need a formal PUD amendment brought to this body and the Board of Commissioners.
The discussion highlighted the tension between PUD commitments recorded in an ordinance and practical engineering concerns when a single lot within a previously approved configuration is redeveloped.
