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Commission reviews preliminary plat for Amley Treehouse Phase 2; staff notes 30-day statutory approval deadline

Planning and Zoning Commission · March 18, 2025
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Summary

Staff presented the preliminary plat for the Amley Treehouse Phase 2 development, saying it establishes lot and easement boundaries but is not recorded; staff warned the commission has limited discretion and a 30-day statutory 'shot clock' that would deem the plat approved if the commission does not act.

The Planning and Zoning Commission reviewed the preliminary plat for Amley Treehouse Phase 2 during its work session, with staff saying the plat establishes anticipated lot and easement boundaries but does not get recorded and will be followed by civil permitting and a final plat.

Leslie, a town staff member presenting the item, said the rezoning for the project was approved last year by both the council and the commission and that the preliminary plat "establishes the preliminary anticipated boundaries of both the lots as well as the easements." She warned of the statutory timeline: "So if it is not approved by the thirtieth day, then it is deemed approved by state law." (Leslie)

Commissioners asked about earlier easement difficulties on the adjacent McCutcheon parcel (the old Motel 6) and whether those had been resolved. Leslie said the easement issues were resolved before the site changed hands and that the current owner/developer incorporated easement needs into their design, allowing the developer to move forward.

A commissioner asked whether sidewalks and other site improvements would appear on the plat. Leslie clarified that plats typically show property boundaries (meets and bounds) and easements but not site improvements such as buildings, landscaping, or sidewalks, which are shown on development plans. She noted the town-installed multiuse path along Midway would not be disturbed and that the developer requested permission to install an enhanced bus shelter as part of their project.

The packet lists the preliminary plat on the consent agenda; staff indicated the commission has limited discretion over approval due to state law and the 30-day statutory deadline for action. The work session did not take a formal vote; any final action would occur in the appropriate agendaed meeting.