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Developer says settlement would add trees, fence and public access in Garden Street proposal
Summary
A Garden Street representative and city staff described settlement terms that would require additional plantings, a six‑foot vinyl privacy fence, reinstatement of two ponds as open space, and an option to grant public access to Tract H with an indemnity clause.
City staff and the developer’s engineer outlined the substantive provisions of a proposed mediated agreement that would change the final development order for the Garden Street project. The staff member described planting requirements, a privacy fence and the developer’s offer to revert to an original two‑pond plan in exchange for additional landscaping. "What it contemplates is the developer installing a buffer... a vinyl privacy fence..." the staff member explained when walking the commission through Section 2 of the agreement.
Joe Scofield, who identified himself as the engineer of record for Garden Street Communities with Alliant Engineering, presented exhibits and conceptual renderings showing two planting schemes and how the fence and tree spacing would appear along Gaines Street. "I did create some exhibits that are general illustrations of what the project might look like as you walk or drive along Gaines Street," Scofield said, adding the drawings were illustrative and "not for reliance purposes."
Staff emphasized terms in the agreement: trees planted at defined spacing, up to 300 drought‑resistant shrubs or muhly grass in up to two rows if the city agrees to the two‑pond open‑space plan, and that the developer would guarantee emergency access to Gaines Street while limiting ingress/egress to emergency access only in the settlement language. The agreement also would allow the city an option to provide public access to Tract H open space; staff noted the city’s acceptance would carry an indemnity obligation for damage caused by the public.
City staff said the agreement was contingent on the commission’s approval; the developer had signaled willingness to implement the described buffers and to expand plantings if the commission accepted the trade of reinstating the two ponds. The engineer said his firm would ensure planting plans met the agreement and approved plans, but emphasized the illustrations were conceptual.
