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Planning commission recommends approval of four-unit townhome master development agreement at 445 West 5100 South with conditions

Washington Terrace Planning Commission · May 28, 2026
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Summary

The commission recommended the master development agreement permitting four attached townhomes at 445 West 5100 South, asking that the fire district verify private access meets code and that development terms be incorporated into the CC&Rs; the recommendation goes to the city council.

The Washington Terrace planning commission recommended that the city council approve a master development agreement allowing four attached townhome units at 445 West 5100 South, with two conditions: that the fire district certify the private access road meets National Fire Code standards and that the operative terms of the development agreement be incorporated into the homeowners’ covenants, conditions and restrictions (CC&Rs).

Tyler, city planning staff, summarized changes made since the prior meeting, including a new provision urging the developer to prioritize individual purchasers rather than selling units to corporations and language tightening maintenance obligations and fence color-matching on the east property line. "That part that's been added is...the request to not sell property to a corporation, but to really promote individual membership there," Tyler said, describing the addition as section D of the draft agreement.

Commissioners reviewed site-plan details: setbacks, a 30-foot site-plan setback from sidewalk to garage, parking arrangements intended to allow long-bed trucks, and a 25-foot access easement to preserve legal access to a remainder parcel. Staff noted the existing lane functions as a private driveway and that future subdivision or infill would require separate approvals; the county parcel map may take 30–60 days to update after recording. The grading plan shows proposed retaining work with a 4-foot maximum specified (anything over 4 feet would require a permit), and staff said on-site stormwater detention is not required because runoff currently ties to curb-and-gutter on the main road.

Commissioners pressed for fire-access assurance. One commissioner asked the fire chief to review the lane to ensure emergency access can be achieved; Tyler agreed to obtain that review. Commissioners also asked that the development agreement’s operative terms be written into the CC&Rs so the commitments (maintenance, fence color, ownership preference language) bind future owners.

A motion to recommend the master development agreement to the city council, including the two conditions, was made and seconded; the commission approved the recommendation by general voice vote with no recorded opposition. The recommendation will be forwarded to the city council for final action. Staff also noted related items that may return to the commission, including site-plan updates and potential future review if further development is proposed on adjacent parcels.