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Commissioners tentatively OK compromise on Dan Mabey rezoning; details on lot size, road width remain
Summary
After reviewing a proposed rezoning and development agreement for Dan Mabey’s six-acre parcel, commissioners signaled willingness to accept a compromise reducing lots from roughly 10 to six and to use a development agreement to restrict density rather than open form-based zoning that could allow townhomes; staff will draft the agreement and bring it to a public hearing.
Planning staff presented a proposed rezoning and development agreement for property owned by Dan Mabey and asked the commission for policy direction before drafting the final agreement.
Staff said the applicant originally sought roughly 10 lots under the form-based zone but has proposed a compromise of six lots for the six-acre site, producing lots of roughly three-quarters of an acre each. Commissioner Jim Harvey said he preferred 1-acre lots to match the character of adjacent development; other commissioners and staff argued the development agreement is the tool to restrict density and that under form-based zoning the applicant could pursue townhomes without an agreement.
Commissioners and staff discussed alternatives for road design and emergency access. One commissioner asked whether the planned 60-foot road could be reduced if the lane were private and maintained by an HOA; staff said a shared private lane regulation could allow a cross section down to 20 feet and that in very steep, mountainous locations a 50-foot cross section is permitted. Fire and emergency-access requirements — including turnaround geometry — were flagged as constraints on narrowing the public road.
Several commissioners recommended drafting a development agreement that caps lot count and other conditions, then bringing the package back to the commission’s public hearing agenda. Staff agreed to prepare materials, including any road or fire-access alternatives the applicant may propose, and place the item on the next available public hearing agenda.
