Developer seeks variances for Bethlehem Road subdivision; staff conditions nature trail to count open space

Horizon Development requested preliminary plat approval for the Bethlehem Road Subdivision, a proposed 178‑lot conservation subdivision on about 111 acres in Ward 5.

Planning staff told the commission the application includes two variance requests. The first would reduce the minimum side setback from 10 feet to 5 feet on lots with side‑loaded garages "on the side that does not have the garage," a change staff said does not conflict with the intent of setbacks for parking. The second variance would allow certain walking trails and adjacent lands to count toward the city’s 10% usable open‑space requirement even though the trails as designed are 5 feet wide and do not meet the city’s 10‑foot greenway standard.

Staff recommended support for the setback variance for side‑loaded units and said the trail variance could be approved only if the developer added a nature trail through the preserved steep slopes on the west side of the site and documented that trail as an enforceable condition. As staff explained, "it would just be a part of your motion for granting the variance," meaning the commission could require the trail in its approval conditions.

Developer Hal Bone, identified as the proposed developer, told the commission the original plat expired during construction and the trails are new costs to the project. He asked whether the trails would need to be paved and said he had not noticed the steep‑slope trails until recently, describing them as an "additional expense." Engineer Kevin Gangwer of Civil Site Design Group said the project team was willing to provide the nature trail through the slopes to meet the usable‑open‑space requirement.

Staff outlined options for making parts of the blue‑shaded area on the exhibit qualify as usable open space — for example, by installing benches, pavilions or improving trail width — and explained the typical calculation: taking the trail length and multiplying by a 20‑foot easement width to compute an area credit. Staff also noted they were comfortable counting up to two acres of trail‑related area toward the requirement, with additional slope‑access trail area making up the remainder needed to reach the 10% threshold.

No formal vote was recorded in the transcript; staff indicated the item remains on the agenda for action unless the applicant requests a deferral.

The planning commission packet and staff presentation show the proposal, the two variances, and the staff recommendation that any variance granting include a recorded, enforceable condition requiring the nature trail through the steep slope to qualify remaining areas as usable open space. The commission discussion focused on whether stipulations could be built into a motion to guarantee the trail would be constructed and maintained.