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Developer, arborist and commission spar over sidewalks at Magnolia/Church corner; approval conditioned on City Council sidewalk decision
Summary
At the Vatanis mixed‑use site plan, an arborist assessment recommended omitting a sidewalk to protect heritage live oaks; the commission approved the plat but conditioned final MOP approval on City Council review and a clarified plan for any modified sidewalks and elevated landings.
The Planning and Zoning Commission on April 6 approved SD 26.09, a mixed‑use project at 301 Magnolia Avenue, but conditioned final approval on City Council review of any site‑plan changes that would alter sidewalks near heritage live oaks.
Staff summarized an arborist/sidewalk assessment delivered March 18 that presented three options: no sidewalk at the corner, a narrowed ADA‑compliant 3‑foot sidewalk, or the previously approved 6‑foot sidewalk. Staff read the assessment in the packet and said, "Tree Service states the best option is to not install sidewalks" in places where the construction would damage heritage trees.
Developer representatives and the owner, David Ryan, told the commission they wanted to protect the trees and said they would comply with whatever solution the city requires. For the record Ryan said, "We will do what is required of us with respect to the sidewalk situation." The applicant’s engineer described options for curved or suspended landings to avoid root impacts and said landings could be designed for removal for future utility work.
Commissioners noted that the planning commission cannot unilaterally waive required sidewalks and that any formal exemption or site‑plan modification must be approved by City Council. Staff recommended approval of the MOP subject to the condition that the City Council review and decide any sidewalk modification that could affect heritage trees; commissioners approved the motion unanimously.
Commission discussion also covered liability and maintenance questions if landings terminate without a connecting sidewalk, and the need for a hold‑harmless or modified agreement if sidewalks are omitted or relocated. Staff advised that final details for custom landings and root protection would be handled at building‑permit review and that the developer must coordinate with public‑works and horticulture staff.
What happens next: The commission’s approval moves the project forward subject to the staff‑recommended conditions; any change to the city‑approved sidewalk alignment must receive City Council action and might require the applicant to return with a revised site plan.
